Mon, 29 May 2017 12:44:14 +0000
HH treason trial’s forwards and backwards
Dear Editor,
The good news is that the trial of UPND leader Hakainde Hichilema has to wait for a determination regarding the validity of the certificate committing him and five others for trial in the High Court, which the defence legal team is challenging.
The bad news is that there is no real freedom for the incarcerated UPND leader to speak of either.
What we have instead is a tense judicial stand-off, and nobody is really sure what is going to happen next (“HH treason fate in limbo”, Daily Nation, May 27, 2017).
As Lusaka Magistrate David Simusamba allowed defence lawyers to seek judicial review over the Certificate of Committal signed by a Deputy Chief State Advocate on behalf of the Director of Public Prosecutions (DPP), seemed to be a problem.
In short, the defence lawyers have not accepted the decision made by the DPP to delegate to a subordinate official to issue a Committal Certificate without written instructions, even though it had been a practice over the years that courts had committed people facing offences not to be tried by the subordinate courts to the High Court using Committal Certificates signed by State Advocates and public prosecutors without the DPP’s accompanying written instructions.
Meanwhile, Hakainde Hichilema and his co-accused have been remanded in custody until June 12, 2017, as his defence lawyers continue to raise fresh preliminary constitutional and contemptuous issues for the court to determine.
Needless to say, these courtroom stunts by UPND lawyers smack of déjà vu to last year’s presidential election petition that had a 14-day window duration that lapsed while handling preliminary issues before the main matter was heard by the Constitutional Court.
In a similar manner, the Hakainde Hichilema treason trial, which is the responsibility of the High Court, has not yet started because the Magistrate Court has been overwhelmed with a motley array of fresh preliminary constitutional and contemptuous issues being raised by his defence lawyers.
Tellingly, PF is watching from the side-lines in consternation while the incarcerated UPND leader remains remanded at Chimbokaila Correctional Facility since there’s no time limit in which the main matter of treason ought to be heard in the High Court.
Besides, the international community has called for dialogue between the two political adversaries to break the impasse, saying that without talking there can be no peace between the PF and UPND.
But PF sees no point in dialogue until the treason case of Hakainde Hichilema is determined in its entirety by the judicial process.
Sadly, it is forwards and backwards with his treason trial due to courtroom gymnastics by his own defence lawyers.
Mubanga Luchembe,
LUSAKA
Fighting the law
Dear Editor
I get the impression that HH lawyers feel themselves above the law and must therefore appeal to other forms of justice, otherwise their tactics do not make a lot of sense.
For a start, it is common knowledge that the Director of Public Prosecutions has final authority with regard to prosecutions. This is a deliberate safeguard built in the constitution to ensure that the office holder had a clear tenure of office providing for independence of action without fear or favour.
What was the point therefore for the defence questioning the validity of a fiat from the DPP, in whatever form it was presented to court.
They must have known that no magistrate or indeed judge can question the powers of the DPP. The judiciary indeed has power to examine the case s brought before the court by the DPP.
The power of the court lies in making a final determination with regard to the merits of the case presented by the prosecution. Only the court after deciding on merits can determine whether a case brought before it was frivolous and not worth making a conviction.
It is a pity that our laws do not take into account the presumption of innocence when it comes to major “capital” offences in which treason is classified.
Asking a Magistrate to make a determination over the merits of such a case is not only a waste of time but a betrayal of HH who is sitting in Prison waiting for his day in court.
The Magistrate was absolutely correct in refusing the application because it was a wasteful endeavour which did not add to the case that is before the court. A case of treason cannot be won by arguing against the process rather than the substance.
The sooner this matter starts in earnest the batter for JHH and the nation at large.
Yotham Ndobvi
HH receiving uncanny solidarity
Dear Editor,
The process leading to the determination of UPND leader Hakainde Hichilema’s court case has been received with mixed feelings from around the globe. Some people want to be associated with him simply because he has lots of money.
For instance, the opposition leader of the minority DA in South Africa attempted to come and give solidarity, stating that Edgar Lungu is a dictator, but little does he know that HH is the worst dictator in UPND who has never won any election and his party has never gone to any convention.
Jose Katumbi of Congo DR is in South Africa fearing for his life and yet the DA leader sees nothing wrong with that.
Chief Mukuni has neglected his people on the pretext that he won’t leave Lusaka until his son is released, yet HH does not come from his chiefdom.
Our beloved women were made to match half naked pressing for his release, yet Mutale Nalumango, GBM’s wife and even Mutinta, the wife to HH, were not present.
Garry Nkombo and Chief Mukuni should have been naked to lead the procession. I am left wondering if those women were accompanied by their husbands and how much they were paid. By the way, why are our loud-mouthed women NGOs paying a deaf ear to such uncanny behavior? A big SHAME!!!!!!!!!!
The Watchman
