Katuta Given Acquittal

Magistrate blast Police investigation and inconsistent evidence which could have deprived an innocent of Freedom

By Francis Maingaila ♥️

Lusaka, Zambia24 – (December 22, 2025) – The Lusaka Magistrates Court has acquitted Chienge Independent Member of Parliament Given Katuta of a charge of threatening violence against Times of Zambia photojournalist Henry Chunza, with the court citing failure by the prosecution to prove the offence beyond reasonable doubt and serious shortcomings in police investigations.

Delivering judgment, Magistrate Idah Phiri ruled that the prosecution failed to meet the legal threshold required to sustain a charge of threatening violence contrary to Section 90(A) of the Penal Code.

She found that the alleged words attributed to Ms. Katuta were subjective and interrogative in nature and did not amount to a threat of violence in law.

“The prosecution has not proven this case beyond a reasonable doubt,” Magistrate Phiri said.

“The evidence presented is riddled with inconsistencies and contradictions that cast doubt on the reliability of the witnesses.”

The magistrate noted that key witness statements conflicted on critical aspects of the alleged incident and lacked corroboration.

She further observed that no witness testified that Ms. Katuta threatened to injure or physically harm the complainant.

Magistrate Phiri also relied on video footage from the National Assembly, which was tendered in evidence, stating that it did not show Ms. Katuta issuing threats, using insulting language, or engaging in conduct amounting to intimidation.

In addressing the conduct of the police investigation, the court expressed concern that investigators appeared to have assumed guilt upon receipt of the complaint.

“Upon careful examination of the evidence, the investigation reflected an assumption of guilt upon mere reporting,” the magistrate said.

“Officers failed to fully verify witness statements or pursue material that could have supported the defence, thereby undermining the principle of presumption of innocence.”

The court further outlined the legal elements required to prove threatening violence, stating that the prosecution must demonstrate that the accused used words, gestures, or conduct clearly conveying an intention to use violence, that the threat was directed at the complainant and caused alarm, and that the accused intended to intimidate or coerce without lawful justification.

“In this case, these elements were not sufficiently established, and the possibility of confusion or misunderstanding cannot be ruled out,” Magistrate Phiri ruled.

Emphasising the principle of reasonable doubt, she stated that criminal law requires any doubt to be resolved in favour of the accused and accordingly acquitted Ms. Katuta of all charges.

Magistrate Phiri expressed disappointment that the matter had been brought before the court, urging the prosecution and the Zambia Police Service to exercise professionalism to avoid unnecessary court proceedings, congestion in correctional facilities, and financial loss to the state.

The charge arose from an incident on July 21, 2023, in Lusaka, following Ms. Katuta’s suspension from the National Assembly. It was alleged that she threatened Mr. Chunza, demanded deletion of photographs, and spat at him.

Ms. Katuta denied the allegations, telling the court that she was confused and ashamed at the time of the incident.

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