By 
Patriots for Economic Progress (PeP) president, Sean Tembo, has petitioned the High Court, arguing that his ongoing prosecution for alleged insulting language against President Hakainde Hichilema violated the Constitution and undermines fundamental freedoms in a democratic society.
Tembo was arrested on November 22, 2023, and is facing two counts in the Subordinate Court under Section 179 of the Penal Code, which criminalises the use of insulting language.
He is seeking constitutional reliefs against the Attorney-General.
According to the charge sheet, the first count stems from a Facebook post dated August 27, 2023, in which he allegedly wrote: “Bally apa akangiwa kuipa, but mu 2026 ngati bantu bafuna kuvotela chipuba chinangu, it’s fine, SET can wait for 2031.” Prosecutors argue the statement targeted President Hichilema.
The second count arises from another posting allegedly made on October 17, 2023, in which Tembo criticised the President’s public relations strategy, writing: “Bally selling a few bags of ZNS mealie meal using ShopRite, hoping to create a perception of low price is equal to masturbation.”
The State maintains both statements fall within the ambit of insulting language.
Tembo cited remarks made by President Hichilema during a national address on December 24, 2023, where the Head of State said: “One Sean Tembo insults me every day… tell Tembo that I read his comments on Facebook.”
He argues such comments prejudiced his right to a fair trial.
His efforts to have the Subordinate Court refer the matter to the High Court under Article 28(2)(a) of the Constitution — seeking a determination on the constitutionality of Section 179 — were dismissed by the presiding magistrate, who reportedly labelled the application frivolous.
In his petition, Tembo argues that Section 179 is unconstitutional because it does not clearly define the offence it creates.
He cites Article 18(8) of the Constitution, which requires that every criminal offence be precisely defined in law.
He contends the provision grants excessive discretion to police, prosecutors and courts, effectively allowing them to “legislate” what amounts to insulting language.
This, he says, chills free expression and violates the Bill of Rights.
Tembo is seeking a declaration striking Section 179 from the statute books, an order restraining the State from continuing or initiating prosecutions under the provision, and damages for alleged false imprisonment, unlawful detention and wrongful prosecution.
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