Thu, 17 Aug 2017 10:13:54 +0000
…BUT CAN BE RE-ARRESTED – COURT
By Charles Musonda and Sandra Machima
UPND leader Hakainde Hichilema and his five treason co-accused have been discharged on nolle prosequi but the High Court has warned them that they are not acquitted and may be re-arrested and prosecuted on the same offence.
And opposition political leader, Wright Musoma has advised Mr Hichilema to tame his tongue and to ask his cadres to stop their unruly behavior and hate speech directed mostly at the Head of State.
Meanwhile, several opposition political parties and Civil Society Organisations (CSOs) have observed that Mr. Hichilema’s discharge is testimony of the Judiciary’s independence through the existence of separation of powers and must be commended.
And the UPND has remained “mute” on its recognition of President Lungu as duly elected Head of State, saying it will consider its position if the issue is included in the roadmap for the proposed dialogue by the Commonwealth.
When the matter came up for commencement of trial before Judge Charles Chanda yesterday, Director of Public Prosecutions Fulata Lilian Shawa-Siyunyi informed the court that she was entering a nolle prosequi in line with powers vested in her by the Republican Constitution.
Later, Mr. Justice Chanda discharged all the six accused persons (Hakainde Hichilema, Hamusonde Hamaleka, Muleya Hachinda, Lastone Mulilanduba, Pretorious Haloba and Wallace Chakawa) but warned them that they were not acquitted and might be re-arrested and prosecuted.
Later the Supreme Court building was engulfed in jubilation as UPND supporters rejoiced while others, mostly Mr. Hichilema’s wife Mutinta, openly wept as they left the courtroom.
In an interview later, UPND spokesperson Charles Kakoma could neither deny nor confirm if the party had changed its position on the recognition of President Lungu as the duly elected President of Zambia.
“We wait for the Commonwealth Secretary General (Patricia Scotland) to establish a secretariat and appoint a special envoy that is going to oversee the process of dialogue.
Those are the issues that the special envoy is going to draw the roadmap on. If recognition of President Lungu is going to be on the agenda that is going to be discussed during the dialogue. We cannot at this stage say anything…
And Minister of Information and Broadcasting Services Kampamba Mulenga says Government has accepted the DPP”s decision and this shows that it does not interfere in the judicial process.
At the same briefing, Special Assistant to the President for Press and Public Relations Amos Chanda dispelled assertions that there was an invisible hand in the nolle, adding that the recent acquittal of Obvious Mwaliteta and UPND vice-president Geoffrey Mwamba proved that there was no interference in operations of the Judiciary.
Meanwhile at his first public address, Mr Hichilema warned of something big which he said should change the face of the nation soon.
“We have a primary duty in the country to work towards bringing back order and stability in our country, and the starting point is to make sure we secure the release of many of our people in detention, and if it doesn’t come to an end I am willing to go back to those cells,” he said.
