Trial in a matter in which Lusaka media socialite Mutale Mwanza is accused of cyber-harassing media personality, Daisy Lusumpa, popularly known as Chichi Daisy, has commenced in the Lusaka Magistrate’s court.
The first witness, a Copperbelt University student, Mwiya Nyambe 27, narrated before Magistrate Mbuywana Sinvula, how he came across a posting on Facebook purported to have been posted by Ms Mwanza concerning Ms Lusumpa.
Mr Nyambe told the court during cross-examination that while scrolling on Facebook, a post popped up where Ms Mwanze is alleged to have posted a message demeaning Ms Lusumpa.
He told the court that he saw the post on Facebook on November 9th, 2024, when he was scrolling between 14:00 hours and 22:00 hours.
ZANIS reports that Mr. Nyambe, however, did not state specifically the time the post popped up on Facebook when quizzed by the defense lawyers.
“I was on Facebook scrolling like any other day and I came across a post made by Mutale Mwanza concerning Chichi,” he told the court.
Mr Nyambe further testified that upon reading the alleged post, he made a phone call to alert Ms Lusumpa of the post allegedly made by Ms Mwanza.
He informed the court during cross-examination that Ms Lusumpa sounded disturbed when he informed her of the post.
He further said the Facebook post, which was allegedly made by Ms Mwanza on November 7th, 2024, was circulating on her Facebook page called M-Nation.
The witness stated during trial that he was not imagining things, as he had seen the post, which obviously referred to Ms Lusumpa.
He explained that after having a pre-conversation with Ms Lusumpa, he was then instructed to go and report the matter to the Zambia Police headquarters.
Mr Nyambe added that the complainant, Ms Lusumpa, gave him the name of the Police Officer to see at the Zambia Police headquarters.
When further quizzed by the defense lawyers, Mr Nyambe revealed that the person Ms Lusumpa instructed him to see was a female Police Officer.
During his testimony to the court, Mr Nyambe said he had known the complainant since childhood, adding that he considers Ms Lusumpa as an elder sister.
The court also heard that the witness was using an iPhone XR when he came across the post on Facebook allegedly shared by Ms Mwanza.
And when asked by the defense lawyers representing Ms Mwanza whether he was in possession of the iPhone, Mr Nyambe said he did not have the said iPhone XR.
The defense lawyers told the court that they wanted the iPhone XR in question, which was used by the witness to verify the post.
The state prosecutors then made an application to the court that the trial be adjourned, as they were unable to proceed because the phone, which was supposed to be used during trial was off.
And the prosecutor informed the court that the adjournment is to enable the prosecution team to prepare.
However, the defense lawyers objected to the application for adjournment, saying that the state lawyers earlier informed the court that they were ready for trial.
The defense lawyers wondered why the state lawyers wanted the trial to be adjourned after indicating that they were ready.
In response, the state lawyers argued that they will not be hurried or directed by the defense, as they are the owners of the case.
The matter has since been adjourned to March 6th 2026 for mention and March 13th 2026 for continuation of trial.
This is in a case where Ms Mwanza is charged with harassment, utilising means of electronic communication, contrary to Section 69 of the Cyber Security and Cyber Crimes Act.
Under this provision, a person who intentionally uses a computer system to initiate electronic communication with intent to coerce, intimidate, harass, or cause emotional distress towards another person commits an offence.
It is alleged that on November 7, 2024, Ms Mwanza used her Facebook page called M-Nation with intent to intimidate, harass, or cause emotional distress to Ms Lusumpa.
Upon conviction, such a person is liable to a fine not exceeding five hundred thousand penalty units, imprisonment for a period not exceeding five years, or both.
