By Barnabas Zulu

The incarceration of Raphael Nakacinda, the Patriotic Front (PF) secretary general, is a troubling case of selective justice and a clear case of political convictions against leaders of the opposition political parties, especially those from the ruling party, Harry Kalaba has said.

Mr. Nakacinda was recently sentenced to 18 months imprisonment for defaming President Hakainde Hichilema, a charge anchored on a law that was repealed in 2022.

In a statement issued yesterday, Mr. Kalaba said the conviction and jailing of Mr. Nakacinda had raised more questions than answers, arguing that the judgment, based on the defamation of the President law, was alarming because that very law was abolished and repealed by President Hakainde Hichilema and his administration.

He stated that it was troubling that the Lusaka High Court had upheld a conviction anchored on a legal provision that no longer existed, warning that the move had undermined public confidence in the justice system and eroded the principle of equal application of the law. Drawing parallels to a previous case, Mr. Kalaba reminded Zambians that in June 2023, the late New Labour Party president Fresher Siwale was granted an absolute discharge after facing similar charges.

“Zambians will recall that on June 2, 2023, the late New Labour Party president Fresher Siwale was granted an absolute discharge by then Lusaka Magistrate Alice Walusiku after being charged under the same defamation of the President Law. The court found that Mr. Siwale had been prosecuted under an abolished and repealed provision,” Mr. Kalaba said.

Mr. Kalaba questioned why Mr. Nakacinda’s case was being treated differently, stating: “What is the difference between Mr. Siwale’s case and Mr. Nakacinda’s? Why has one citizen benefited from the repeal while another is being punished under a non-existent law? These are legitimate questions that demand honest answers from the authorities.”