PATRIOTIC Front member of the central committee, Raphael Nakacinda has asked Lusaka magistrate Idah Phiri to discharge him in a case he is accused of defaming President Hakainde Hichilema on grounds that the court in Solwezi wrongly transferred the matter to Lusaka without following right procedure.
Nakacinda through his lawyer Mr. Jonas Zimba submitted before the court that it has no power or jurisdiction to hear his matter because it was wrongly transferred the matter to Lusaka.
In this matter, Nakacinda aged 44 of farm number 1794, of Kafue District is accused of defaming President Hichilema contrary to section 69 of the penal code chapter 87 of the laws of Zambia and expressing or showing hatred, ridicule or contempt for persons because of tribe, place of origin or color contrary to Section 70 of the Penal Code Chapter 87 of the Laws of Zambia.
Mr. Zimba submitted that Lusaka magistrate has no jurisdiction to hear the matter because the court was supposed to dismiss it before transferring it to Lusaka.
When the matter came up yesterday for commencement of plea and consent from director of public prosecutions was given, Nakacinda however could not take plea but raised a preliminary issue through Mr Zimba.
“The history of this matter is that my client was arraigned to in Solwezi and when issues where raised before the magistrate court, the magistrate in Solwezi transferred this matter to Lusaka, puting this matter before this court by reason of a transfer. Section 12 of the sub act speaks to jurisdiction, the jurisdiction of any surbodinate court is confined in a district where a court sits,” he said.
Mr. Zimba submitted that the court should dismiss and discharge the accused person because it had no jurisdiction to try the matter.
“The court in Solwezi has no power to transfer the matter to Lusaka, instead it could have discharged the accused person. Since it has no jurisdiction, it ought not to have transferred the matter but ought to have discharged the accused for him to be properly arraigned before this court,” he submitted.
In response to the application, state prosecutor Michael Nyundwe submitted that the application should be dismissed because the court has jurisdiction to hear the matter.
Mr. Nyundwe said the court agreed to the application made by the defense in Solwezi to transfer the matter.
“To tell court that it wrongly transferred the matter is misleading. This court had jurisdiction for the district that it’s sitting, and legally has capacity to hear this matter upto to its disposal,” he submitted.
Mr Nyundwe further submitted that the court has no authority to discharge the matter for it’s in jurisdiction, and has act of powers to hear the criminal session in Zambia.
“You are within jurisdiction to hear this matter your honor under the CPC and the law. The discharge is not supported by the law, we pray that the application by the counsel should not be entertained by the court,” he said.
The court has set March 7, for rulling
It is alleged that Nakacinda uttered words in local language translated as “you know what you did you Zambians is very bad, you went to pick the worst and complete ignorant of a Tonga from Bwengwa and then went to dump in state House, expressing or showing hatred, ridicule or contempt against a group of persons namely the Tonga Speaking People of Bwengwa area of the Southern Province of the Republic of Zambia, because of their place of origin and tribe.
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