By LUCY PHIRI
LUSAKA Magistrate Sylvia Munyinya has set July 17, 2023 as a day to rule on a case or no case to answer in a matter National Democratic Congress (NDC) Leader Saboi Imboela is facing two counts of libel.
And an arresting officer in the matter in which Ms Imboela is charged with defaming State House Chief Communications Specialist Clayson Hamasaka on Monday struggled to define libel after he was asked by the defence to define the term.
In this matter, Imboela, 45, of Lilayi pleaded not guilty to two counts of libel contrary to Section 191 of the Penal Code Chapter 87 of the Laws of Zambia.
When asked to define libel by defence counsel James Tembo, Inspector Justine Makumba responded; “I understand that the accused person posted defamatory matter on her Facebook page which angered the complainant and that she did not give me a satisfactory answer as to why she defamed the complainant.”
Meanwhile, Mr. Makumba, 47, a detective inspector crime one division at Force headquarters told the court that under warn and caution statement, Imboela did not justify why she defamed Mr. Hamasaka the complainant in the matter.
Mr. Makumba said he made up his mind to charge and arrest her for the offence of libel contrary to the laws of Zambia as she gave a voluntary reply denying the charge.
Mr. Makumba testified that from the forensic report it is written that the accused person is one of the administration of the page and she is able to go live on her page and she is the one who runs it.
“She is the one who is appearing in the live video and on the day 28 October, 2022 when we went to her house we did not manage to apprehend her, I went with an officer who called the accused whilst we were at her house and she posted his number on her Facebook page asking Media houses to call the number and asking him why he was at her house.
It is alleged that on September 9, 2022, in Lusaka jointly and whilst acting together with other persons unknown, with intent to defame, unlawfully did publish defamatory matters against Mr Hamasaka on her Facebook page called SABOI IMBOELA-SI as follows “Hamasaka was caught red handed by the wife muchigololo, even as we speak marriage ili pama rocks, but somehow u want to play a personal war with me? We shall see who will regret.”
