Mmembe and Another v People ( Fred Mmembe Masautso Phiri Goliath Mungonge v People) (S.C.Z. Judgment No. 4 of 1996) [1996] ZMSC 8 (10 April 1996);
The appellants, who were journalists in an independent weekly newspaper, were charged with criminal defamation against the President arising from an article referring to him in a derogatory term.The appellants did not plead to the charge but raised a preliminary issue as to the constitutionality of Section 69 of the Penal Code.
Held:
(i)Section 69 does not deprive any citizen the right to legitimately criticise the President or the Government.
(ii)Section 69 of the Penal Code Cap 146 of the Laws of Zambia is not in conflict with Articles 20 or 23 of the Constitution of Zambia.
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