Mundubile, Makebi sedition case moves to Lusaka

THE Solwezi High Court has ordered that the matter in which Brian Mundubile and his running mate Makebi Zulu are facing seditious charges should be moved to the Lusaka Magistrate Court because the Solwezi Magistrate Court has no jurisdiction.And State Counsel Sakwiba Sikota, one of the attorneys representing Mr Mundubile and Mr Zulu has said the Director of Public Prosecutions (DPP) Gilbert Phiri should be happy with the High Court ruling because the State was spending huge resources in flying their eight lawyers to and from Solwezi.High Court Judge Edward Luputa Musona in his ruling yesterday that the Solwezi Magistrate Court is not the appropriate forum to try and determine the matter because all the connecting factors recognize that the Solwezi Subordinate Court did not have the jurisdiction.Justice Musona ruled that the Lusaka Magistrate Court was therefore the appropriate territorial forum under Section 69 of the Criminal Procedure Code.Justice Musoma stated that in determining the appropriate forum, the Court considered the practical connection of the parties, witnesses and evidence to the proposed venue."Therefore, I find that Lusaka is the appropriate territorial forum under Section 69 of the Criminal Procedure Code. In determining the appropriate forum, the Court must consider the practical connection of the parties, witnesses and evidence to the proposed venue. In this case, the accused persons reside in Lusaka, a fact which was not disputed, they were apprehended there, and were in custody there," Justice Musona said in his ruling.Justice Musoma stated that the circumstances collectively established a stronger connection with Lusaka and supported the conclusion that Lusaka was the more convenient and appropriate forum rather than Solwezi.Accordingly, I order that the matter be transferred to the Subordinate Court holden at Lusaka. I so order in the exercise of the power vested in me under Section 80 of the Criminal Procedure Code," Justice Musona ruled.He stated that the mere assertion by the State that the livestream was accessible nationwide did not establish the necessary connection of the case to Solwezi."I accordingly, find that the Subordinate Court holden at Solwezi is not the appropriate forum to try and determine this matter because all connecting factors recognised under Section 69 of the Criminal Procedure Code indicate otherwise," he said.Justice Musona explained that even if he were to accept, purely for purposes of argument, that the borderless nature of the cyberspace provided a basis for the Subordinate Court in Solwezi to exercise jurisdiction, he would still find that it was not the more appropriate forum.He stated that Section 80(1)(d) and (e) of the Criminal Procedure Code empowered the High Court to change the venue, where doing so would promote general convenience of the parties and witnesses or serve the ends of justice."In this case, the accused persons reside in Lusaka, a fact which was not disputed, they were apprehended there, and were in custody there. The circumstances collectively establish a stronger connection with Lusaka and support the conclusion that Lusaka is the more convenient and appropriate forum rather than Solwezi," Justice Musona said.And Mr Sikota SC said the Director of Public Prosecutions (DPP) Gilbert Phiri should be happy with the High Court ruling because the State was spending huge resources in flying their eight lawyers to and from Solwezi.Mr Sikota said the State would be able to save a lot of resources after the Solwezi High Court ordered that Mr Mundubile and Mr Zulu's sedition case should be presided over by the Magistrate Court in Lusaka."The DPP should be happy that the State will save both time and resources in flying a huddle of eight lawyers each time the matter was being heard in Solwezi. The state was spending a lot of resources for having the case in Solwezi and it must have pleased the DPP that the case has been moved to Lusaka," Mr Sikota said.

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