The Lusaka Subordinate Court has ordered UPND Lusaka mayoral candidate and popular social media personality Chitambala Mwewa to publicly apologize to businessman James Mwalimu after finding him guilty of defamation.
The court set Friday as the deadline for Mwewa, commonly known as Simon Mwewa, to issue a public apology and remove defamatory content posted on his Facebook page, “Simon Mwewa Lane TV.”
Resident Magistrate Mutinta Mwenya ruled in favor of Mwalimu on Tuesday, awarding K20,000 in damages and ordering Mwewa to publish an apology within three days on the same platform where the defamatory statements appeared.
Court Finds Facebook Posts Defamatory
According to court proceedings, Mwewa used his verified Facebook page to accuse Mwalimu of illegally selling land to foreign nationals in the City Market area and taking control of Simon Mwewa Lane.
The court found that Mwewa also referred to Mwalimu as a “UPND Chibolya thug” and a “black elephant,” statements the court deemed defamatory.
Mwewa was absent during the hearing, prompting the court to proceed under Order 31 Rule 4 of the Subordinate Court Act, Chapter 28 of the Laws of Zambia, after determining that he had not provided sufficient justification for his absence.
Businessman Says Reputation and Livelihood Were Damaged
While testifying under oath, Mwalimu told the court that he became aware of the viral Facebook post on December 9, 2025, after being alerted by his sister.
He said the post contained both video and written content accusing him of selling land to Somalis and transforming parts of Lusaka into Chibolya.
Mwalimu argued that the allegations severely harmed his reputation and had significant financial consequences. He testified that he lost a garbage collection contract with the Lusaka City Council and was summoned to the ruling party’s secretariat to explain the allegations.
The businessman further stated that the posts falsely portrayed him as a political cadre, damaging his standing at a time when President Hakainde Hichilema‘s administration has taken a firm stance against cadreism.
Magistrate Criticizes Conduct of Aspiring Leaders
In her judgment, Magistrate Mwenya concluded that Mwalimu had successfully proven his case on a balance of probabilities.
The magistrate noted that Mwewa enjoys significant influence on social media and that the post, which included Mwalimu’s photograph alongside the caption “UPND THUG BLACK ELEPHANT” in bold capital letters, was viewed by thousands of followers.
The court described the conduct as dehumanizing and raised concerns about the standards expected of public leaders.
“The question is, will he solve society’s problems like this once elected? If so, it is regrettable the caliber of leaders we are producing as a country,” Magistrate Mwenya said during her ruling.
She emphasized that while freedom of expression is protected, it should not be used to destroy another person’s reputation through online platforms.
The magistrate added that educated individuals and public figures have a responsibility to ensure that cyberspace remains a safe environment and not a tool for character assassination.
Damages, Legal Costs and Appeal Option
In addition to the K20,000 damages award, the court ordered Mwewa to pay all legal costs associated with the proceedings and immediately remove the defamatory content.
The ruling further warned that failure to pay the damages within seven days could result in contempt of court proceedings.
Mwewa has been granted leave to appeal the judgment within 30 days. The court set security for costs at K5,000 should he choose to challenge the decision.
The case highlights growing judicial scrutiny of online conduct in Zambia, particularly involving influential social media personalities and political figures whose statements can have far-reaching consequences for individuals’ reputations and livelihoods.
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