By 
Patriotic Front (PF) faction Secretary-General, Raphael Nakacinda, on Tuesday surrendered himself to authorities after the Lusaka High Court upheld his 18-month jail sentence for defaming President Hakainde Hichilema.
The court’s decision came after dismissing Nakacinda’s appeal against his conviction for falsely claiming that President Hichilema was summoning judges to his home to influence court cases involving the opposition party and pave the way for a one-party state.
Escorted by PF members and a few allies from the opposition alliance, Nakacinda arrived at the Lusaka High Court police station ready to begin serving his sentence.
In a detailed judgment, Judge Anne Malata-Ononuju upheld the magistrate court’s decision, describing Nakacinda’s claim as “fanciful, salacious and legally and factually unsustainable.”
She ruled that while freedom of expression remained a cornerstone of democracy, it did not extend to making baseless and damaging allegations against the Head of State.
“Freedom of expression or of the press is no more than the price we pay for belonging to a civilised society,” Judge Malata-Ononuju said, citing philosopher John Stuart Mill. “Legitimate criticism is protected, but false statements designed to destroy another’s reputation are not.”
The court found that Nakacinda’s remarks, made during a 2021 media interview and broadcast on national television, were intended to expose President Hichilema to public contempt and ridicule.
The judge noted that Nakacinda’s attempt to justify his claim that he saw the President “summoning judges through binoculars” was “a fanciful invention lacking any evidentiary basis.”
She ruled that the repealed Section 69 of the Penal Code, under which Nakacinda was charged, still applied because the alleged offence occurred before its repeal in 2022.
Judge Malata-Ononuju further held that the law must balance the right to critique public officials with the duty to protect personal reputation and public confidence in state institutions.
“The appellant’s statement went beyond political commentary; it was a calculated attack on the integrity of the presidency and the judiciary,” she said.
With all seven grounds of appeal dismissed, the bench warrant earlier issued for Nakacinda’s arrest was enforced, marking the start of his 18-month imprisonment at Lusaka Central Correctional Facility.
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