High Court Judge Annabel Mtalimanja has referred to Chief Justice Rizine Mzikamanda a case involving social media influencer Joshua Chisa Mbele on whether the matter should be certified as a constitutional case.

The referral follows an application which Mbele’s lawyer Gilbert Khonyongwa made challenging the constitutionality of the first count – criminal libel.

The accused, who was arrested in January this year, is answering charges bordering on criminal libel and publication of offensive communication.

“The court has ruled that the matter be referred to the Chief Justice for him to certify it as a constitutional matter especially the criminal defamation count.

“We just argue that we feel does not meet the constitutional tenets, the threshold of the constitution so basically our argument is that provision in the Penal Code is unconstitutional,” Khonyongwa said.

Meanwhile, Senior State Advocate Pilirani Masanjala said the referral means that proceedings in the Senior Resident Magistrate’s court have been stayed pending determination of the Constitutional matter.

He said: The court has decided that indeed the questions that he [Mbele] raised were indeed something that were expressively and substantively relating to the application and interpretation of the Constitution so she has decided that the matter should be referred to the Chief Justice to be certified as a constitutional matter.

And continuing from there, she [Judge] has also stayed the proceedings in the Magistrate’s court to wait until the court which will be panelled as a constitutional court if the Chief Justice does so to face complete that then we will come back to the Magistrate’s court.”

The State is alleging that the accused on or around January 10, 2022 through a posting published on his Facebook page unlawfully defamed and disturbed the peace of General Vincent Nundwe by implying that he corruptly benefitted money amounting to K4 billion from the deal with Zuneth Sattar.