The Attorney General Mulilo Kabesha says the arrest, appearance of Sean Tembo before court for use of insulting language does not amount to constitutional breach neither does it contravene the bill of rights.
Pep president Sean Tembo has petitioned the constitutional court over his arrest for use of insulting language stating that it contravenes his rights enshrined in section 11, 18 and 20 of the constitution.
Mr Tembo what the court to render section 179 of the penal code of the laws of Zambia, unconstitutional as it infringes the provision of article 18 subsection 7 of the constitution.
However Mr Kabesha has asked the court to dismiss the petition stating that
the determination of whether language amounts to insulting language is a matter for judcial determination by the courts upon consideration of the evidence.
He added that the mere existence of an ongoing prosecution does not amount to a violation of constitutional rights nor does it render section 179 of the penal code unconstitutional.
Mr Tembo is facing two counts of use of insulting language against President Hakainde Hichilema, from remarks made between October and December 2023. He filed in the magistrate court for the matter to be refered to the high court for determination of what constitutes insulting language.
By Cecilia Kayaya Mporokoso
