COURT ORDERS REVISION OF DEFECTIVE CHARGE SHEET IN TIKTOKER “WHY ME” HATE SPEECH CASE
Lusaka Magistrate Idah Phiri has ordered that the charge sheet for TikToker Francis Kapwepwe, popularly known as “Why Me,” facing three counts of hate speech, be revised after ruling that it is defective.
Mr. Kapwepwe is charged with expressing or showing hatred, ridicule, or contempt for persons based on race, tribe, place of origin, or colour, contrary to Section 70(1) of the Penal Code, Chapter 87 of the Laws of Zambia.
Magistrate Phiri ruled this afternoon that although Section 64 of the Cybercrime and Cybersecurity Act allows Zambian courts to try offences with extra-territorial elements where harm occurs within Zambia, the indictment currently lists Lusaka as the location of the offence, despite the defence asserting that the arrest and related events occurred in Harare, Zimbabwe.
She explained that the inconsistency regarding where and when the alleged offence took place makes the charge sheet defective and must be corrected before plea-taking can proceed.
The court has further directed the State to revise the indictment to enable the accused to take plea, emphasizing that the prosecution must be given an opportunity to present its case, while legal issues raised should be addressed during trial.
The defence had earlier raised a jurisdictional challenge on 23rd September, arguing that the alleged arrest in Zimbabwe between May and June this year placed the matter outside the competency of the Zambian subordinate court.
Mr. Kapwepwe’s case, which involves three counts of hate speech linked to social media posts, has been adjourned to late October for a ruling on his renewed bail application and for the State to amend the charge sheet.
PN