Party leader, Tembo, to face trial for using insulting language, as court rules defense ‘frivolous, vexatious’

Party leader, Sean Tembo’s attempt to challenge the constitutionality of the law under which he is accused of using insulting language against the Presidency has failed, after the Lusaka Magistrate’s Court dismissed his application.

Tembo, who heads the Patriots for Economic Progress (PeP), had argued that Section 179 of the Penal Code was unconstitutional because it does not define what constitutes an “insult,” contending that the vague wording violates constitutional protections against uncertain criminal laws.

However, Chief Resident Magistrate Davies Chibwili dismissed the application, describing it as “frivolous and vexatious.”

He ruled that there was no genuine constitutional issue warranting referral of the matter to the High Court.

“The claim that the offence of insulting language is undefined is grossly misplaced,” the magistrate said, adding that courts have long interpreted such offences through judicial precedents both locally and in other common law jurisdictions.

He further stated that whether particular words were insulting was a question of fact that depended on the context and evidence before the court.

Following the ruling, Magistrate Chibwili ordered that the case proceeds to trial.

Tembo is accused of uttering offensive remarks on August 27, 2023, in Lusaka.

The outspoken party leader has pleaded not guilty to both counts and is now expected to defend himself when the substantive trial resumes.

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