Tue, 19 Sep 2017 13:10:12 +0000
By Violet Tembo
The case in which UPND president Hakainde Hichilema and his vice Geoffrey Mwamba are charged for seditious practices failed to take off in the Luanshya Magistrate court as state advocate handling the matter was reported to be out of Zambia.
The two accused person turned up at court in the company of former Ministers Obvious Mwaliteta and Sylvia Masebo.
Defence lawyer Chimuka Magumbwi told the court that the state had filed in notice of adjournment as the state advocate was reported to be out of the country.
Mr Chimuka indicated to the court that the notice was filed on September, 12
“We have noticed the filed application indicating that the state counsel in the matter is out of the country and asked the court to suggest any date on which the case can come up for continued trial,” he said
“ It is our application if the court allocates a date for mention and another date for possible continuation of trial considering that the accused person are Lusaka residents,” Magumbwi submitted.
In his ruling after consulting the trial court Luanshya senior resident magistrate Dominic Makalichi informed the defence that mention date would not be awarded.
Magistrate Malichi set 16th and 17th October 16 and 17 as trialdates and extended bail for the accused persons.
Magistrate Malichi informed the defence on the disappointment of the trial court on his failure to sit as he was attending an ongoing workshop in Ndola.
When the court rose on adjournment, Hichilema was overheard protesting on the excuse to adjourn the matter.
Mr.Hichilema shared his disappointment with some of the officials as they walked out of court that also empathized with him.
Hichilema and Mwamba are charged with three counts of seditious practices and unlawful assembly contrary to the laws of Zambia.
In count one and two, Hichilema and Mwamba were charged individually with seditious practices contrary to the laws of Zambia.
In count three the two were jointly charged with unlawful assembly contrary to section 75 as read with section 74 of the penal code and regulation of the Public Order Act.
Particulars are that Hichilema, 54, of house number 14/38 Sable road Kabulonga on September, 26, in Mpongwe allegedly conspired with others unknown to bring into hatred, incite violence, resistance, and disobedience to the administration of the elected Government of Zambia by uttering words namely ” nga taba mufumishe Matambo, epo ulubuli lwalatampila”.
In count two Mwamba, 57, of house number 10 Roan road, Kabulonga, was charged with sedituous practices.
It is alleged that on September, 26, in Mpongwe, Mwamba did conspire with others unknown to bring into hatred, incite violence, resistance, and disobedience to the administration of the elected Government of Zambia by uttering words namely ” if we pano ngaba UPND tulwile twakana iyi Government yakwa Lungu; ngabamyeba ati kuli ama meeting yaba Lungu mulekana, pantu president wesu ni HH”.
In count three the duo were charged with unlawful assembly
It is alleged that on September, 26, in Mpongwe being in a public place jointly and whilst acting together with others unknown did convene, assemble unlawfully with intent to carry out some common purpose without notifying the regulating officer.
