In a resounding confirmation of Zambia’s intolerance for hate speech, the Kasama High Court has upheld the conviction of former government minister Chishimba Kambwili, dismissing his appeal against a five-month sentence with hard labour.
The ruling, delivered by a panel of three High Court Judges, comes nearly two years after Kambwili’s controversial remarks on a local radio program which were deemed to be hateful and demeaning toward the Tonga-speaking people.
The original conviction was handed down on November 30, 2023, by the Subordinate Court in Kasama. Kambwili had been found guilty under Section 70(1) of the Penal Code, which criminalises expressing or showing hatred, ridicule, or contempt against individuals based on tribe or place of origin.
His inflammatory statements were made during a live broadcast at Radio Mano Community Radio Station on August 2, 2021. The court ruled that the remarks were not only deliberate and unlawful, but also dangerous in their potential to spark tribal tensions and threaten national unity.
Unhappy with the sentence, Kambwili filed an appeal, while the State countered with a cross-appeal, arguing for a potentially stiffer sentence. Both matters were heard on October 9, 2024, with judgment reserved until today.
In its ruling, the High Court dismissed all grounds of Kambwili’s appeal, stating they lacked merit. The original sentence was upheld, with the court ordering that Kambwili begin serving his sentence immediately effective today, July 14, 2025.
Acting Deputy Chief State Advocate Mr. Samuel Simwaka and Acting Senior State Advocate Mr. John Kafwanka led the prosecution both in the Subordinate and High Courts, steering the case to its final conclusion.
The ruling sends a strong message that hate speech has no place in Zambia. It marks a significant victory for the rule of law and reinforces Parliament’s intent behind enacting Section 70(1) which is to curb speech that has the potential to incite violence, sow division, or undermine national harmony.
Justice has spoken and it has spoken loud.
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Let’s continue building a united Zambia – one where respect and accountability reign.