President of one of Zambia’s opposition parties, the National Democratic Congress (NDC), Saboi Imboela, has been fined K25,000 after being convicted on two counts of libel against one of President Hakainde Hichilema’s aides, Clayson Hamasaka, who is the State House Communications Specialist.
Zambia Monitor reports that Lusaka Magistrate, Sylvia Munyinya, who delivered the verdict, ruled that the defamatory statements made by Imboela on Facebook and other social media platforms were both unlawful and damaging to Hamasaka’s reputation.
The NDC leader was accused of publishing defamatory remarks on her Facebook page, “SABOI IMBOELA-SI,” on September 9, 2022.
The posts, which reached approximately 170,000 people, accused Hamasaka of misconduct and infidelity.
One post claimed that Hamasaka’s farm was being developed by Chinese interests and accused him of exploiting women seeking employment in the ruling UPND, while another post alleged that Hamasaka’s marriage was on the brink of collapse due to infidelity.
Magistrate Munyinya ruled that the posts were accessible worldwide and capable of lowering Hamasaka’s reputation and found that the statements lacked evidence and were not substantiated by any truth.
The Magistrate emphasized that, as the owner of the Facebook page, Imboela was responsible for the content posted on her platform.
In her defense, Imboela’s lawyer, State Counsel Sakwiba Sikota, requested leniency, pointing to her extensive community service and personal circumstances.
Sikota pleaded that Imboela is a single mother caring for three dependents and her 72-year-old mother who was also involved in charitable work, including running a trust school in Shantumbu and providing support to women in prisons.
Sikota argued that the posts were a retaliatory response to sustained online attacks against Imboela and urged the court to consider a non-custodial sentence, citing the overcrowding in Zambia’s prisons.
Magistrate Munyinya acknowledged Imboela’s mitigating factors, including her status as a first-time offender but however maintained that the defamatory posts had caused significant harm.
As a result, the Magistrate sentenced Imboela to pay a K25,000 fine for each count of libel, with the fine being non-cumulative and payable by November 25, 2024.
Failure to pay the fine would result in nine months of simple imprisonment.