By Ollus Ndomu
The Zambian State is not satisfied with the five-month jail term handed to politician Chishimba Kambwili for hate speech and has initiated efforts to increase the sentence.
Kambwili, a former Roan Patriotic Front -PF- member of parliament, was convicted last week by the Kasama Magistrates Court in Northern Province, sparking controversy and renewed discussions on the impact of tribalism in Zambian politics.
The 53-year-old politician was found guilty of expressing hatred and ridicule based on tribe and place of origin during a live paid program on Radio Mano between May 1 and August 8, 2021.
The charges stem from Kambwili’s inflammatory statements during the 2021 elections, where he resorted to anti-Tonga tribalism in an attempt to sway voters in favor of PF candidate Edgar Lungu.
Despite acknowledging the potential of Kambwili’s remarks to incite ethnic tensions, Senior Resident Magistrate Samson Mumba opted for a relatively lenient five-month sentence, citing Kambwili’s past service as a minister.
This decision has now prompted the State to intervene, filing a notice of appeal to contest the sentence in the High Court.
The State’s argument hinges on two grounds of appeal; firstly, it claims that the trial court made a legal and factual error by imposing a five-month imprisonment term with hard labor for an offense that carries a maximum sentence of two years for hate speech.
Additionally, it contends that the trial court misapplied the principles of sentencing concerning the gravity and nature of the offense committed.
The move by the State reflects a broader concern about the adequacy of the punishment for hate speech, especially considering its potential to incite division and conflict.
As the appeal process unfolds, the Zambian public watches closely, anticipating the resolution of a case that not only highlights issues of tribalism in politics but also questions the judiciary’s approach to addressing such sensitive matters.
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