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Mfuwe MP, Mabonga, jailed eight months for sedition, as police seize free speech placards

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Patriotic Front (PF) Member of Parliament for Mfuwe, Maureen Mabonga, has been sentenced to eight months’ simple imprisonment and fined K1,600 after being found guilty of seditious practices for making inflammatory remarks during a May 2024 press briefing.

Senior Resident Magistrate Trevor Kasanda, who delivered the ruling, warned political leaders against issuing statements that could incite violence or disturb public peace, especially in a nation as culturally diverse as Zambia.

He reminded the court that Zambia’s unity—built on the foundation of 72 tribes across 10 provinces—must be protected, and that no tribe should be viewed as superior to another.

“Zambia’s peace must not be taken for granted, especially by leaders whose words carry influence,” Magistrate Kasanda stated.

He stated: “History teaches us painful lessons. In 1994, Rwanda experienced genocide fuelled by statements from its leaders, leading to the loss of over 800,000 lives.”

The magistrate emphasized that Members of Parliament, while playing a critical role in providing checks and balances, must do so responsibly and within the confines of the law.

He ruled that Mabonga had committed an offence under Section 57(1)(b), read together with Section 60(1)(2) of the Penal Code, when she made remarks considered seditious during a press briefing held in Lusaka between May 25 and May 28, 2024.

During the briefing—attended by opposition figures, PF members, and the media—Mabonga commented on the alleged abduction of fellow MP Emmanuel Banda, stating:
“You will not finish the Buembas. I can assure you. You will not finish the Easterners. I can assure you… If it is a fight that you are looking for, we can fight.”

The prosecution argued that the remarks could provoke tribal hostility and disrupt public peace. Although Mabonga admitted to making the statements, she denied any intention to incite violence.

The court, however, ruled that the words met the threshold for seditious practices under Count One, noting their potential to stir unrest and deepen tribal divisions.

In Count Two, however, Mabonga was acquitted.

Magistrate Kasanda ruled that while the second set of remarks was provocative, it did not meet the legal definition of sedition under Section 60(1)(f) of the Penal Code.

He accepted her argument that the statements were meant to alert authorities about potential threats, not to foster hostility.

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He also found that the comments were protected under the legal exception allowing individuals to highlight matters that may cause ill will, provided the intention is to remedy them.

Mabonga was therefore acquitted on Count Two but convicted and sentenced on Count One.

Following the sentencing, tensions flared outside the courtroom as police officers forcibly seized placards from opposition leaders and party presidents.

The placards bore messages advocating for freedom of speech and were being displayed during a press briefing with journalists.

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