THE Supreme Court has stayed criminal proceedings against opposition United Party for National Development (UPND) leader Hakainde Hichilema.
Supreme Court judge Munyinda Wanki directed yesterday that the criminal proceedings against Mr Hachilema be stayed pending determination of the Constitutional issues currently before the High Court.
This is means that the criminal proceedings in which Mr Hachilema is facing before the magistrate’s court that were supposed to go for commencement of trial today will not go ahead.
Judge Wanki has since set January 24 this year as the date for hearing of the application on behalf of Mr Hichilema to set aside judgment.
“It is hereby ordered and directed that the criminal proceedings against the appellant be and is hereby stayed pending determination of the matter inter parte. It is further ordered that this application shall be heard inter parte on 24 January 2013 on the hearing of application on the part of the applicant to set aside the judgment” Judge Wanki said.
Mr Hichilema is in this matter is charged with publication of false news contrary to the Laws of Zambia.
Through his lawyers he applied before Chief Resident Magistrate Joshua Banda for Constitutional reference of the indictment for the determination of the Constitutionality of the said provision of the penal code but Magistrate Banda refused the application.
Mr Hichilema on January 11, 2013 however appealed to the High Court asking it to stay the criminal proceedings against him but the High Court declined the application without stating reasons.
In another development, a witness yesterday told the Lusaka magistrate’s court that former Mines minister Maxwell and his Permanent Secretary Godwin Beene got annoyed when he informed them that there was overlapping of mining licenses issues to Zhongui International Mining Industry Group Limited and two others.
Gerald Chilumbu 54 Chief mining engineer in the ministry of Mines told the court that Mwale and Beene got upset when he informed them after the mining advisory committee meeting he chaired on June 2, 2011 that there was overlapping of mining licenses issues to Zhuo, Kelvin Mulumbwa and Alfred Malunga.
He said that Zhongui was issued with the license after Kelvin Mulumbwa and Alfred Malunga had already been issued with licenses and the same resulted in overlapping.
This is in a matter in which Mwale is facing two counts of abuse of authority and receiving property suspected of being proceeds of crime.
Mwale is jointly charged with Zhongui International Mining Industry Group Limited.
please enter a nolle prosequi..we need sanity in Zambia!!
Political persecutions for HH, we know it. Ba pathetic failures, when are we going to hear from your useless government how you are planning to develop Zambia & emprove the living standards of ordinary Zambians? Its always politicking & intimidating political opponents. PF & Sata you are a disgrace to our beloved nation. HH be strong & be asured that we are behind you!
Only dictatorships abuse the courts to persecute their opponents. The High court should never entertain cases by the State in which the ruling party sues its opponents on what is said in the political arena. It is silly and childish. PF sucks!
Separation of powers, does it really apply in our country? Speaking of which, what of separation of responsibility in the ministries. Our Justice minister is more concerned with what language our children speak. What of the Minister of Education, does he have a say in this?
THE BIG PROBLEM IS THAT IF IT WAS OTHERWISE U WOULD HAVE SAID THE OPPOSITE. WHAT KIND OF HUMANBEINGS ARE U. U MUST B LUCIFER’S URGENTS. PF GO,GO AND DON’T LISTEN TO THIS SICK MINDS.
I AM NOT COMMENTING FOR FEAR OF BEING INSULTED BY THOSE OF YOU WITH DICTIONARIES OF ANATOMYS.
These law are difficulty stuff for Zambians to comment, they all run to support ka Kabimba who want to abolish English in Zambia.
You HH’s supporters, tell us that it is the President who halted the trial since you like claiming that all actions by Police, Courts are the work of the president. M****** mwe muba ukununka amabisi pamputi shenu, you should have respect for the head of state ba mbuli imwe.
A very good description of yourself & where you hail from!!!!
You seem to suffer from Tourette’s syndrome, becoz a moment ago you seemed not to condone insults, yet a few comments later you are full on!!!
Hi, just wanted to say i liked this article. it was practical. keep on posting.