Court sets ruling date for UPND cadres

The Lusaka Magistrate court has set Friday July 20, 2012 for ruling in the case in which a UPND cadre is jointly charged with four others for idle and disorderly conduct likely to cause breach of peace

The ruling is to determine whether the matter should be referred to the High Court for determination following some constitutional issues which were raised such as breaches of Article 11 to 26 which relates to freedom of expression, association, assembly and movement.

This follows an application by defence lawyers who have asked Magistrate Lameck Ng’ambi to refer the case to the High Court for determination.

Defence lawyer Keith Mweemba told the court that Article 28 of the Constitution of Zambia is twofold.

Mr. Mweemba explained that if an issue arises during the trial where it required constitutional interpretation and there is evidence which hinges on the constitution the Magistrate Court has the jurisdiction to refer to the High Court.

“If it is not an issue which arises but a specific request at the bar it becomes mandatory to refer to the High Court and that it does not mean that it is the end of the criminal proceedings,” he said.

Mr. Mweemba added that the High Court has the power to refer the case back to the subordinate court and he later sought the High Court to guide the court.

He added that the court has rules to follow and insisted that the case be taken to the High court.

Lusaka Magistrate Lameck Ngámbi told the court that he would present the ruling this Friday July 20, 2012.