BY LUCY PHIRI
Raphael Nakachinda’s defamation of the president case could be heading to the constitutional court.
This is because defence lawyers, Makebi Zulu and Jonas Zimba made an application demanding the case to be heard at the constitutional court according to article 87 of the laws of Zambia which provides national values and principles of equity, social justice, equality and non-discrimination.
The defence said the issue they raised was constitutional in nature and that they cannot argue with the said constitutional issue before the court, this is because the court itself does not detect the correct form before which such an application ought to be made.
‘’Article 98 of the constitutional act relates to the immunity of the president in participation of the court matters and if such matters arise can only be put or enter the High court or Constitutional court,’’ they said.
Earlier, Lusaka Chief Resident Magistrate Dominic Makalicha y recused himself from handling the case in which Patriotic Front (PF) Information and publicity chairperson, Raphael Nakacinda, is accused of defaming President Hakainde Hichilema.
When the matter came up for commencement of trial, Magistrate Makalicha said he cannot handle the matter due to professional reasons. The matter was then allocated to the principle magistrate Jennifer Bwalya.
Magistrate Bwalya heard that the matter before her was not to be heard in the magistrate court as the court did not have any jurisdiction over the matter.