I am immune, court erred when it sentenced me – Munir  Zulu

JAILED Lumezi member of Parliament Munir Zulu who is currently serving a one year jail sentence at the Lusaka Correctional Facility for defaming three people, including two cabinet ministers says the court erred at law when it sentenced him and failed to consider the Immunities and privileges accorded to him as an MP.

Chief Resident Magistrate Davies Chibwili on April 7, 2025 convicted and sentenced Zulu on three counts of defaming Finance Minister, Situmbeko Musokotwane, Infrastructure and Urban Development Minister, Charles Milupi and Road Development Agency (RDA) board chairperson Mulchand Kuntawala.

He said the two cabinet ministers corruptly received money amounting to US$250,000 through a bank transfer from unknown company.

Zulu also stated that, Kuntawala corruptly sent money amounting to US$150,000 to Milupi two days before the appointment as a board chairperson for Road Development Agency (RDA).

He made these allegations during a press conference held at parliament premises in the media center.

Zulu, in an affidavit in support of summons for admission to bail pending appeal said he was not supposed to be convicted based on words he uttered at the parliament grounds which allows him to enjoy his immunity.

He also said the learned trial magistrate erred in law and fact by convicting him for the offence of criminal libel against the weight of the evidence adduced at trial.

Zulu said Chibwili erred in law and in fact by maintaining that he published the alleged defamatory statement when there wasn’t any publication.

“The learned trial magistrate erred in law and fact by finding that the prosecution had proved its case beyond reasonable doubt, notwithstanding the failure by the prosecution to call the complainants subject of count 1 and 2 as witnesses being the individuals alleged to have been defamed,” he said..

Zulu further submitted that the magistrate misdirected itself in law and fact by failing to consider or by electing not to consider relevant mitigating factors when determining the appropriate sentence to impose on him.

“The learned trial magistrate erred in law and fact by pronouncing himself on a matter that was constitutional in nature, contrary to the provisions of Article 128(1) of the Constitution of Zambia (Amendment) Act No. 2 of 2016,” Zulu stated.

Zulu further said the court erred in law and fact by presiding over the matter and rendering judgement despite lacking the requisite jurisdiction to entertain a matter that was inherently constitutional and statutorily protected.

By Lucy Phiri

Kalemba April 16, 2025