Tue, 20 Jun 2017 11:40:14 +0000
…Sumaili escapes lynching by UPND cadres
By CHARLES MUSONDA and JUSTINA MULENGA
UNRULY UPND cadres yesterday heckled, insulted and almost physically manhandled Minister of National Guidance and Religious Affairs Godfridah Sumaili at the Magistrate Court where she was summoned for contempt of court.
It took HH’s special advisor William Banda commonly known as “Tekere’ to restrain the cadres who however, continued their verbal assault against the Minister.
There was no Police Presence at the court in spite of the huge UPND cadre turn out.
Party vice president Geoffrey Mwamba was the first one to emerge from the court room but to everyone’s surprise, the cadres ignored him but opted to wait for Ms. Sumaili. As soon as she emerged from the courtroom, the unruly cadres hurled unprintables as they verbally abused her, accusing her of not being fit to hold a ministerial position as she was not discharging her duties professionally. Sensing the impending danger, Mr Banda, rushed to the scene and stood in between the cadres and Ms. Sumaili but the uncompromising cadres overpowered him, trailed Ms. Sumaili to her vehicle while hurling insults at her. Mr. Banda’s plea to the cadres to remain calm and let the minister be, fell on deaf ears as they rushed to her vehicle and almost pounced on her but quick intervention by her security personnel saved the situation as they whisked her into the vehicle and sped off. This was after Lusaka Magistrate Irene Wishimanga adjourned the contempt case to tomorrow to allow Mr. Hichilema and his fellow complainants to be brought to court. Before the adjournment of the case, Ms. Wishimanga dismissed an application by the complainants’ to cite police and prison authorities for contempt for allegedly failing to take Hichilema and five others to court. She said there was no proof, by way of affidavit of service, to show that her last week’s court order was served on the commissioners of police for Central and Lusaka provinces, the commissioner general of the Zambia correctional service and his deputy, the Officer-in-Charge at Mukobeko Maximum security prison, and the Officer-in-Charge at Lusaka Central Prison to take Hichilema and five others to court yesterday. One of the lawyers Keith Mweemba said no argument could be advanced yesterday in the complainants’ absence and accused the state of disobeying the court order issued last Friday. Mr. Mweemba said this in response to an application by deputy chief state advocate Mariam Bah Matandala for the state to take over prosecution of Rev. Sumaili. “The court should inquire as to why its order was not complied with. Once this issue is addressed, then we can go into other issues of the DPP taking over this case,” Mr. Mweemba said.
Another lawyer Gilbert Phiri said no further proceedings should ensue until the complainants were brought to court and applied to the court to stand down the matter to yesterday afternoon, saying a flight from Kabwe to Lusaka was just about 30 minutes. But Ms. Sumaili’s lawyer Eric Silwamba said where the complainants were not before court, the court only had two options; to adjourn the matter or dismiss the charge.
In her ruling, Ms. Wishimanga said she would have cited the police and prison authorities for contempt if there was proof that her court order was served on them. Mr. Silwamba did, however, not object to the adjournment of the case She adjourned the matter to tomorrow to allow Hichilema and five others to be brought to court, adding that their lawyers should be heard on their objection to have the DPP take over prosecution of the case.
Powers of the DPP
Article 56 (3) (b) of the Laws of Zambia (Revised Edition) Act- The Director of Public Prosecutions shall have power to take over and continue any such criminal proceedings as have been instituted or undertaken by any other person or authority; and (c) to discontinue, at any stage before judgment is delivered, any such criminal proceedings instituted or undertaken by himself or any other person or authority.
