08/02/2025
CONTROVERSIAL Tiktoker, Why Me, real names, Francis Kapwepwe, was yesterday jailed 12 months imprisonment with hard labour for using hate speech online.
When punishing the convict, Livingstone resident magistrate Tabita Muleya noted that the offense the youth committed was very serious because it has potential to divide communities by inciting hatred.
Magistrate Muleya sentenced the convict to 12 months imprisonment with hard labour effective from the date of his arrest, April 2024.
Since the convict has been in detention from the time he was arrested, he has technically served the one year jail term and is free to go home anytime soon.
Last year in April, police arrested the accused of Obama Chelstone, Lusaka, and slapped him with two counts of hate speech and expressing contempt for persons based on race, tribe, or place of origin.
Allegations are that between 29 March 2024 and 6 April ,2024, Kapwepwe knowingly and unlawfully published a video on Facebook containing derogatory remarks directed at the Tonga-speaking people.
The words in issue were meant to incite hatred and ridicule based on tribe and place of origin.
In the second count,.Kapwepwe was accused of disseminating the same video on various online platforms, using a computer system to spread the offensive content.
He denied the allegations but was later found with a case to answer and placed on defence.
In his defence, the accused denied the allegations but after the court assessed the evidence, the netizen was found guilty.
"There is no doubt that it is Kapwepwe who appears in the video and that he is the one who actually produced and circulated it," Magistrate Muleya said.
The court convicted the accused in both counts.
Lead prosecutor in the case, Mabia Akamonwa, applied that the convict be treated as a second-time offender because it is not the first time he committed the crime.
But the defence urged the court to dismiss the application because the prosecution had not provided proof of his client's previous conviction.
Lawyer Anthony Bwalya contended that the prosecution has not adduced documentary evidence or prior records of conviction to support their claim that his client is a second offender.
The magistrate dismissed the State's application because there was no documentary proof of his previous conviction record.
Before being jailed, the defence pleaded for the court's leniency, saying the convict was remorseful.
"My client is remorseful for his actions and has vowed never to repeat such an offence. He is a married man with two young children and is also taking care of his sick mother," Mr Bwalya said.
Magistrate Muleya sentenced the convict to 12 months imprisonment with hard labour in both counts, effective from the date of his arrest, April 2024.
“Since the first count already carries a custodial sentence, I find no need to impose an additional fine. The convict will serve a total of 12 months from the date of arrest".
Mongu Reports
