A KASAMA magistrate’s court yesterday turned down an application by Alliance for Better Zambia (ABZ) leader Frank Bwalya to have his defamation of the President case transferred from Kasama to Lusaka.
Bwalya who is facing an additional charge of proposing violence cited the case involving the Barotse activists who had their case transferred from Mongu to Lusaka over security issues.
Bwalya contended that his life and the lives of his supporters was at risk because death threats were made against live on radio.
Putting forward three applications before principal resident magistrate Vincent Siloka, Bwalya asked the court to consider having him appear before the court on Tuesday, Thursday or Friday to allow him to fly into Kasama for his court appearances.
His second application was the one in which he asked the court to transfer his case while he raised constitutional issues in the third.
“The cases I stand charged arise from a clear instance of expressing my freedom of expression as enshrined in Article 20 of the Constitution. There are clear constitutional matters in my cases and I make this application so that the proper court with jurisdiction can determine the arising issues,” Bwalya said.
After the State said it had no objections to the first application, it objected to the second application in which Bwalya sort to have his case transferred.
The State said the law was clear on the jurisdiction in which the offence was committed and report tendered.
On the third, the state thought it would be best if the issue was addressed after the Director of Public Prosecutions had said instructions on whether to proceed with the case or not.
After hearing both parties, Mr Siloka allowed the first application but turned the other two.
Mr Siloka said there was no sufficient evidence to warrant change of venue as Bwalya’s cases differed from the case in which the Barotse activists were tried.
The magistrate said there was also no sufficient evidence that Bwalya’s life was in danger.
“I had told earlier that if you felt your life was under threat you needed to report the matter to police for protection. There is no sufficient evidence to support the application and the matter will proceed here in Kasama,” Mr Siloka said.
He also said the constitutional issues Bwalya had raised with the court to be determined by a higher court did not arise as both cases were rightly before him and adjourned the matter to March 4.
The State could not proceed with trial as prosecutors were still awaiting instructions from the DPP.
Meanwhile, Bwalya, a former Catholic priest turned politician, said he would make Kasama his focal centre to rally crowds behind his political ambitions.
Bwalya in an interview with the Press after his court appearance again made reference to President Michael Sata as an old sweet potato that cannot be bent. A statement which landed him in court in the first place.
He also accused Mr Sata of running the country like a chicken run. When asked if he would report the alleged threat alleged threats on his life to police as advised by the court, Bwalya refused. According to him, the police was an appendage of the Patriotic Front which would use the opportunity of offering protection as chance to allegedly spy on his activities.
I like Bwalya…….he is my man.
Come to UPND so tht we build Zambia.
Very courageous Fr.
Viva Bwalya Viva HH viva UPND.
Bwalya for president!!
Bring case to Lusaka, we need the first witness Sata to be present on all hearings. We even apply to have to case transferred to state house, if Sata can’t manage to walk to High court.
In future all these laws that allow prosecution of members of the public when they criticise public figures and call them all names should be scrapped because ,once a person stands on the podium to beg for votes from the public he/she should be prepared to be humiliated publicly also if he does not fullfil the peoples’ expectations.
Fr Bwalya is innocent. His caricature of Sata is spot on. Sata has earned himself bad names because of being stubborn.
This looks like a scenario when Jesus was accused falsely and brought before Pontius Pilatus, I hope they wont crucify the father! I wonder who Judas Iscariot is though.
Frank be serious…we talk about jurisdiction tata, come on fake pastor.
Yes…all terrorists are sorted out this way, just like the hippie Jesus Christ!
Seletive justice indeed. Cases are only transfered when it suits the state and not an individual. Anyway good luck Father. Yours is a just fight.
Frank Bwalya is just another crooked priest/ politician, cheating people like Nevers Mumba and Rev Shikapwasha claiming that Zambia shall be saved whilst pocketing millions of offering and tithes from poor Zambians. We should learn from Rev.
taulawa kapoli iwe, mailo ishilu linobe (GBM) was on kasama radio from 17hrs to 1930hrs ukulabwatabwatafye with no substance and calling himself kalesa kanono. mulimuchibe
What is this I.diot saying? what language is this? can you please translate into english for bloggers’ benefit and not your own benefit. Otherwise keep your thoughts to yourself.
You are the real I.DIOT! If you insult him when you don’t even understand what he has written, skip his blog and read others. why should you insult him for choosing to express himself (writing) in a language he feels comfortable? Some of you bloggers suffer from a serious inferiority complex. I have given my mum a tablet and she is busy sending us good message on ‘what’s up’ in our vernacular!
It is really very sad that we can engage into insulting politics. What Father Bwalya is first accused of are the things that this Country starting crying for when we changed from UNIP to MMD. To think and see people still not undersatnding freedom of expression really makes my heart very sad. What has Father Bwalya committed honestly speaking? Zambians time to rise back to what we fought for has come or esle we are going back into Dictatorship! Some of us can tell you that this Man worked with PF to help bring this change but alas he has regretted this change. If you dont know the reason then you dont know the history of this Country ask your dady if you were born after 1972!
Good MundiaM wacisoka icipuba.
BWALYA THE COURT KNOWS THAT IT IS EXPENSIVE FOR YOU TO BE A GLOBE TROTTER.PF AND COURT CRIMINALS TIME IS TICKING NEARLY HALF OF THE TERM YOU CAN’T PROVE WHAT YOU HAVE DONE.
Fatther shouldn’t complain,he is learning why eve and adam were tricked by a snake(cobra)
1-mr sata called levy a cabbage but no arrest
2-mr sata called rupiah all bad names but was not arrested or sued.in fact father bwalya was part of the name calling group
3-mr sata made fun of mazoka’s health,george’s health ,levy’s health nobody harassed sata
4-mr sata always wanted to know where rupiah was going now nobody must ask mr sata where he is
5-sata promised that he would be using UTH for medicals but again he was lying,him and all his ministers go abroad for treatment
Father bwalya you should ask God to forgive for misleading