Was Mabonga Unfairly Convicted?
On Friday May 16, 2025 the Lusaka Magistrate Court convicted and sentenced opposition Patriotic Front (PF) Mfuwe Member of Parliament Maureen Mabonga, to eight months in prison for seditious practices that included inciting a “national uprising” on ethnic grounds.
Almost a year ago whilst being cheered on by her fellow opposition MPs at a media briefing, Mabonga suggested that Bembas and Easterners would triumph in a tribal war against UPND because a combination of two would outnumber law enforcement officers. 
Mabonga was eventually arrested and charged with seditious practices, and after months of trial, she was convicted and sentenced to eight months simple- imprisonment.
Shortly after the court ruling, several opposition figures, including Socialist Party President Fred M’membe, Brian Mundubile, Sakwiba Sikota, and Brebnar Changala, took to social media to claim that the ruling was an orchestrated attempt by the UPND government to silence the opposition.
In order to objectively analyse the sentencing of Mabonga to jail, it would be helpful to examine the charges that were brought against the Mfuwe Member of Parliament.
On May 29, 2024, the police confirmed the arrest of Mabonga and charged her with two counts. This followed thorough investigations into her actions
and statements she made which the enforcement agents deemed as inciting rebellion against the State authority, contrary to Sections 57(1)(b) and 60(1)(e) of the Penal Code Act, Chapter 87 of the Laws of Zambia. The second offence was identified as contrary to Section 70 of the same Act.
A critical examining of the comments made by the Mfuwe lawmaker at a press briefing attended by several other opposition members of parliament, it crystal clear that Mabonga’s utterances were inciting and against the law of the land.
The following is exactly what Mabonga said at that fateful press briefing;
“Do you want us to be moving with guns? Start killing each other? Is this where we are going? Is this what we want as Zambians? Because we can do it.
She further said, “Today, it is Jay Jay that has been abducted. Tomorrow it is another person and you want us to sit back and relax… After all, you have power. We don’t understand why people are still bitter. Country men and women we are going to fight if it is the fight they want we are going to fight and we are ready to fight.” These, among others words, are inciting violence. These words were offensive and prejudicial to public order and are a recipe to disturb the public peace.
Mabonga was playing a tribal card by saying, “Bembas and Easterners would triumph in a tribal war against UPND because a combination of the two would outnumber law enforcement agents.”
“I want to tell the UPND that we Bembas and Easterners are large in numbers. We can do what they are displaying even better. They might have the police but how many police officers do we have compared to Bembas and Easterners,” she quipped.
What does the law say in relation to what Mabonga said?
Section 57. (1) of the Penal Code Act, Chapter 87 of the Laws of Zambia says and quote: “Any person who- utters any seditious words is guilty of an offence and is liable for a first offence to imprisonment for seven years or to a fine not exceeding six thousand penalty units or to both; and any seditious publication shall be forfeited.
Section 60. subsection 1(e) of the Penal Code Act, Chapter 87 of the Laws of Zambia further says, “a seditious intention is an intention to raise discontent or disaffection among the people of Zambia”.
The above two sections of the Penal Code Act, Chapter 87 of the Laws of Zambia, addresses the offense of inciting hatred, ridicule, or contempt based on various grounds. It specifically prohibits any action that incites hatred, ridicule, or contempt for a person or group on the basis of race, tribe, ethnicity, region, religion, place of origin, or colour. Additionally, it covers inciting an uprising that could lead to strife or creating sectarianism, ethnic, or tribal divisions.
Law- abiding citizens should consider this question: Given what the law states and what the parliamentarian said, did Mfuwe law maker utter any seditious words?
The answer is obviously “Yes.” In her own words, Mabonga said Bembas and Easterners would triumph in a tribal war against UPND because a combination of two would outnumber law enforcement officers.
Did Mabonga issue the remarks that could bring to raise discontent or disaffection among the people of Zambia.?
Again, the answer is “Yes.” The moment she encouraged a gun culture. In her own words, Mabonga said, “do you want us to be moving with guns? Start killing each other? Is this where we are going? Is this what we want as Zambians? Because we can do it,” she committed a crime.
What was the court’s observation on this? Lusaka Senior Resident Magistrate, Trevor Kasanda advised Members of Parliament to exercise caution and responsibility in their public statements to avoid fostering hostility, inciting violence, and disrupting the peace in the country.
Magistrate Kasanda observed that the words uttered by elected officials carry immense weight and have the power to shape public sentiment, influence governance, and contribute to either unity or division.
The Magistrate said this after he found Mabonga guilty in one count of seditious practices and sentenced her to eight months simple- imprisonment. Additionally, Magistrate Kasanda also fined the law maker K1,600 in default to three months imprisonment if she failed to pay.
Magistrate Kasanda warned that the words uttered by Mabonga could most likely cause violence and division in the country if left unattended to.
The Magistrate cautioned that Zambia, being a nation with 72 diverse tribes, spread across the country’s 10 provinces, each contributing to her rich cultural heritage and diversity, all tribes are equal.
In his ruling, the Magistrate noted that “Zambia upholds the principle that all tribes are equal, regardless of population size. No tribe should be regarded as superior to another. Zambia has maintained a strong sense of national unity under the motto “One Zambia, one nation.”
“Let us all be reminded that the Rwandan genocide stands as one of the darkest chapters in human history, unfolding between April and July 1994. “Statements by leaders and policies exacerbated entrenched divisions and fostered animosity between the Tutsi and Hutu communities”
It should, therefore, be stated that the opposition political parties’ accusations that the UPND government is targeting them are completely false and aimed at misleading the unsuspecting citizens for their selfish political agenda.
It should be noted that Mabonga was not the only person who addressed that particular press briefing. Other parliamentarians also addressed the same press briefing, but they were careful not to break the law of the land. Mabonga got excited and played to the gallery.
Notable parliamentarians present at that fateful press briefing included, Brian Mundubile, George Chisanga, Aaron Mwanza, Munir Zulu, Binwell Mpundu, and Melesiana Phiri, as well as council chairperson Maxwell Nkhoma and United Kwacha Alliance (UKA) council of presidents’ member Saboi Imboela.
If the law enforcement officers were not professional in their application of the law, how is it possible that only Mabonga was arrested from among those who addressed the press briefing?
Mabonga’s claim that she was speaking without fear or favour, and on behalf of three provinces (Muchinga, Luapula, and Northern), raises more questions. Who appointed her to be the spokesperson of those provinces, and why only three provinces from the 10?
Her excitement in front of the cameras made her forget to carefully select her choice of words to use. It is her words that landed her in trouble and not the UPND or president Hakainde Hichilema. The opposition in Zambia has for too long continued to abuse President Hichilema. Opposition political leaders have taken President Hichilema’s high levels of tolerance for granted. This should come to an end.
