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The Attorney-General, Mulilo Kabesha, has opposed a petition by Sean Tembo seeking to declare unconstitutional the law under which he is being prosecuted for allegedly using insulting language.
In an answer filed before the High Court, the Attorney General argued that Tembo’s arrest and appearance before the Magistrates’ Court were conducted in accordance with the Constitution.
The State submitted that Section 179 of the Penal Code, which criminalises insulting language, did not contravene the Bill of Rights as alleged by the petitioner.
According to the response, the constitutional rights guaranteed under Articles 11, 18 and 20 were not absolute and could be limited by law in order to safeguard the rights of others and protect the public interest.
The Attorney-General further contended that the provision did not grant legislative or judicial authority to the police.
He stated that whether particular words amounted to insulting language was ultimately determined by the courts after evaluating evidence presented during trial.
The respondent also maintained that the existence of an ongoing criminal prosecution did not in itself constitute a violation of constitutional rights.
“The respondent avers that the petitioner has failed to establish any constitutional breach and is therefore not entitled to the reliefs sought,” the response stated.
The State therefore asked the court to dismiss the petition.
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