Magistrate Chibwili summons doctor over Changala illness

By GRACE CHAILE

THE Lusaka Magistrates’ Court has summoned a doctor who allegedly issued a sick note to civil rights activist Brebner Changala to appear before it and justify the illness that prevented the accused from opening his defence.
On Tuesday, Lusaka Chief Resident Magistrate Davies Chibwili refused to halt proceedings in a matter in which Changala is facing one count of seditious practices.
The magistrate noted that the case had overstayed for 18 months since the accused was found with a case to answer but had not yet opened his defence.
It was alleged that between May 25 and 28, 2024, in Lusaka, Changala accused the government of using state machinery to silence the opposition following the disappearance of the then Petauke Central Independent Member of Parliament Emmanuel Banda, who is now a fugitive.
Earlier, Changala had applied to stay proceedings or have the matter reassigned to another magistrate.
Through his lawyers, he argued that Magistrate Chibwili was a second respondent in a separate matter where leave had been sought for judicial review of an earlier ruling directing him to open his defence.
He also contended that proceeding with the trial while a constitutional petition on the offence was pending before the High Court was improper and unjustified.
However, Magistrate Chibwili dismissed the application, ruling that it was intended to delay proceedings.
When the matter resumed yesterday, Changala was absent. His lawyer, Kabamba Simukonda, informed the court that the accused was unwell and had sought medical attention, submitting documentation from Kafue District Hospital, with Dr Ngosa Saili, recommending seven days of bed rest.
The State expressed concern over the adjournment and requested that the doctor be subpoenaed to verify the illness.
“I’m surprised that we are rushing into an adjournment without giving the State a chance. We would wish that the doctor who issued the sick note is subpoenaed,” the prosecutor Mildred Muchimba said.
In response, the defence opposed the move, arguing that Changala had a constitutional right to medical care and had consistently attended court.
In his ruling, Magistrate Chibwili directed that the doctor appear in court with all supporting documents without f