Former Lumezi Member of Parliament, Munir Zulu, remained in prison after the Lusaka Magistrates’ Court rejected his application for bail pending appeal.
Zulu had sought bail after lodging an appeal to the High Court against his 12-month sentence for criminal defamaation.
On April 7, he was convicted for defaming Finance Minister Situmbeko Musokotwane, Infrastructure and Housing Minister Charles Milupi, and Road Development Agency (RDA) board chairperson Mulchanda Kuntawala.
However, Chief Resident Magistrate Davies Chibwili dismissed the application, expressing doubt that Zulu’s appeal would succeed.
“I have heard and read the arguments by both the applicant and the respondent. The presumption of innocence does not apply to a convict until and unless the conviction is set aside,” Magistrate Chibwili said.
The magistrate noted that Zulu had not denied making the defamatory statements during the trial and had failed to present evidence in his defence.
“How then can it be expected that the appeal has a likelihood of success if I do not agree with the grounds presented?” he questioned.
Responding to the defence’s argument that appeals often take too long to be heard, Chibwili observed that delays vary by case and jurisdiction.
“What may be obtaining in Kabwe may greatly differ from what is obtaining in Lusaka,” he said.
In his earlier judgment, Chibwili cited aggravating circumstances, stating that the case presented an opportunity to remind young people of the importance of proper conduct.
“I cannot therefore agree with the applicant that there were no aggravating circumstances,” he concluded.
For these reasons, the magistrate found that Zulu had not demonstrated any special or compelling grounds for release and denied the application.
Zulu, known for his outspoken public remarks, maintained through his lawyers that criminal libel is a bailable offence and argued that keeping him in custody during the appeal process would be unjust.
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