Defence lawyers for UPND president Hakainde Hichilema have applied that his indictment be quashed in a matter where he is charged with publication of false information.
The lawyers contend that Mr Hichilema has been charged under a law which contravenes the constitution.
Defence Lawyer Sakwiba Sikota has submitted that the penal code in question is archaic and was used by the colonial regime to oppress the people of Northern Rhodesia.
Mr. Sikota says section 67 of the penal code was enacted in 1938 and last amended in 1958.
Mr. Hichilema is said to have alleged that the Patriotic Front had sent some youths to be trained as militias in Sudan
Another defense lawyer Jack Mwiimbu has told Lusaka chief resident magistrate Joshua Banda that Director of Public Prosecutions Mutembo Nchito abused his discretion by writing to the Inspector General of Police that Mr. Hichilema retracts his claims against the Government.
Mr Mwimbu has submitted that by his conduct, the DPP had consequently waived his right to prosecute Mr Hichilema’s case.
Meanwhile, the defence lawyers have also applied to take Mr Hichilema’s case to the High Court for determination of the constitutionality of the charge.
Lusaka Chief Resident Magistrate Banda has reserved ruling to Thursday this week.
ukwa law kekekekekeke
CAGE HH THE DESPERATE MAN-HE IS TOO DESPERATE FOR POWER AT THE END HE WILL BRING PROBLEMS IN THIS COUNTRY.
you are a fool i wonder if u even finished grade 12 before i tok of tertially level..think before u say anything do u know the course called logic? please come i come teach u
HH should simply show evidence about what he said.
Ba Sikota bushe ni ba Lawyer bachine. Does it really matter when the law was inacted? As long as it is part of the constitution it remains the law. If that is irrelevant now Sikota should see to it that the new constitution excludes it.
ever heard of the bill of rights u moron????they didnt exist when this draconian law was enacted……………….times have changed en this law has never been tested vis-a-vie the constitution!!!!!!!!!!
if u know nothing about somethin its better to shut up than showing your ignorance.ignorance is biss anyway.muzakambila kusogolo na ukwa wako
Amayama – it clearly shows that you do not know the different between the constitution and laws – A common confusion though…
Is it not possible to enlighten AMAYAMA without insulting him?
These UPND dimwits are full of hate. They are always at the edge even when something all it needs is sharing information. That is why HH will never be president of Zambia.
Iwe HH we are under the ten commandments manje….sharia the Z style…ngena!!!
Sikota is a real boot myanga a**. this guy will do anything for money, he knows HH is swims cash so he will defend only on that ground. Remember when Sikota was hounded out of the UPND on tribal lines that came with HH. These guys didn’t see eye to eye. what has now changed? Indeed desperate times does call for desperate acts, yangu Tata!
Leave politics out of business. As a lawyer, Sikota is representing his client, and this has nothing to do with whatever political differences the two may have had against each other.
N°4, you are right on the spot! It doesn’t matter when the law was enacted, these remain in vigour even when modified. Napoleon law is still in force in several parts of the world and so are the ten commandments. Run out of fuel this sakwiba. A law is law,it never gets old. Some of the colonial conventions are still binding today!
Go to school my friend
Handicapped by ignorance, I presume. Do yourself a favour, kindly do some reading to improve yourself. Meanwhile, you don’t need to go public regarding your uncharacteristic lack of knowledge.
SATA YOU ARE JUST WASTING RESOURCES.HH HAS NO CASE TO ANWERS.VIVA HH VIVA OUR UNDER FIVE PRESIDENT. BA TIMES LOOK AT THE CROWD IN WATCHDOG
In 1938? Which exact date mwebantu? Why not use the one for 1908 16th March?
Prove what you said Mr. Hichilema…. Getting away on legal technicalities wont improve your credibility.
Abena HH just show proof and you’ll be vindicated…otherwise political gimmicks of slander involving foreign government is dangerous! that said though HH does seem like a sore bitter loser always seek confrontation in name of checks and balances.
When fat for nothing dander head GBM alarmed the Nation that some people were hired to assassinate the President nothing happened, Bob Sichinga said MMD printed fake money nothing happened wonder what will happen now!
The Lawyers contended that according to Section 67 of the Penal Code, the charged person must prove that the words were correct which is against the constitution that gives right of the accused to remain silent. They further submitted that the charge is subject to misinterpretation where it says the statement is likely to cause alarm to the nation as it is not clear who determines alarm. The UPND lawyers gave example of Defence Minister, Geoffrey Bwalya Mwamba who recently alleged that there were people who wanted to assassinate President Michael Sata, but he was not charged. They also gave examples of Commerce Minister, Bob Sichinga, who recently alleged that MMD had printed K3 trillion fake money, as well as incidents where current President Sata once said UNIP were keeping arms in Sinda
Excellent!! This is Law 101.
Has this law been repealed???? in countries like the USA, some of pieces of legislation date as far back as 1750 somerthing and they are still using them. I doubt this is a solid legal argument by the learned State Counsel!!!
In 1958 when the law was last amended, there was no Zambia. Zambia did not exist. Thats a fact.
The mine rioters in South Africa were recently charged for murder of their comrades under an old draconian of an apartheid era. The outcry against it was instant and orchestrated across the globe. Consequently, the miners were immediately released and whisked out of their prison cells prior to any repeal of that bad law. The idea that if a bad law has not been repealed then it still applies is unheard off, except may be under this archaic PF government. Dear PF cadres you lose nothing by joining the civilized world. How disgusting it is that your level of thinking is this low!
They also gave examples of Commerce Minister, Bob Sichinga, who recently alleged that MMD had printed K3 trillion fake money, as well as incidents where current President Sata once said UNIP were keeping arms in Sindamisale as well as when he (Sata) said Saddam Hussein was hiding in Zambia.
That will not change anything at all fellow Zambians what is at stake is mentioning a sovereign state Sudan HH should deny or accept the charge we do not want to be acquired on technical grounds for this will Un fare to those with nothing
Sikota & Mwiimbu are not lawyers but “politicians” who are very raw. How do you hire such characters to represent you unless you have bribed the magistrate. Knowing HH am sure he has just done that.
Quote of the year – “….who determines alarm?
In Ukwaland, GBM determines alarm.
Oh, the Great Bag of Miliemeal
What the PF should realise is that charging political opponents only makes them more popular because the public believe its political persecution. I am not a fan of the PF but the PF should just ignore and not give opponents politcal milage
We ask you to make submission to the constitution, you tear the documents, then again you come and say the law is colonial! what is wrong with you guys kanshi?? There is no such thing as an old law just prove what you said ba HHyna you were given a chance to retract you opted to remain pompous! what has changed now??
On thuesday when HH goes to court we as Zambians are very willing to march with him to court to show solidarity to our next president perscuted by the CNP government. HH we love you, be strong & couragous because Zambia is more preciuos than Pathetic failures. Pf ‘s no one enemy is not HH but the Zambians who were used in 2011 to put Sata in state house. Sata=lies=dont kubeba= 2016 exit
you are right ma brother am bemba but i know sata has failed completely cnp
So law is now an ambush game, is it? Sakwiba and most of our ageing lawyers have been using these statutes and provisions all their f—g practicing years – so why is it suddenly archaic now? Guys, stop recycling these politicians, we will soon be in a real circus. Oh! And by the way, stop tearing things before you have made your voice heard…
#20 Hantimba Junior.
Do not promise HH lies. You will march with him to court to show solidarity but he will go into Chimbokaila prison alone. Not even the liar Saakwiba will accompany him. His new friends will not be you or William Banda but the hardcores in jail.
Habakoku…I like your postings at 11 and 13!
Very thoughtfull!
Money at work, Sikota is defending HH! Well it does not matter when the law as enacted and amended, it is still law and it has to be respected regardless! Now have lawyers who are used to manipulating the and these are crying foul that the law is old, that is a lame excuse, if I were HH I could look for better liars(lawyers) not these two!
PF supporters must be a very dull species. An Act of Parliament or a piece of legislation what we commonly know as the law can be unconstitutional. The technical term for this is “Utra Vires” . In simple terms it means law that is outside or not in line with constitutional provisions. In countries like South Africa cases that raise constitutional questions are head by a Constitutional Court. Honestly you PF sycophants need to raise your discourse. You’re a shallow and embarrassing lot!
Law is not your field perhaps and for that you are excused.
#22 is right. Do not give false support to the boy. He will go alone to jail and all of you will forget about him. We know he has a sweet ass and those men in Chimbokaila will enjoy him.
You know because you have been tasting asses…you fool..
The prisoners have waited for Dora for a long time. I her abscense, even HH’s ass will do for now until Dora shows up.
God Save Our Souls.
Politicians should learn to amend bad laws cos as long as they are there , someone will use them. Big lesson.
It was great stage for HH to show case. the atmosphere was marvelous, PF should be worried of that magnitude of people who showed HH solidarity independence avenue came to a stand still. VIVA HH. Ukwa will not sleep in state house if he sees that clip. he is slowly loosing popularity.
If the courts are still quoting laws that were enacted in the 1700s what more with this 1938 law? Ba UPND find something better to use to argue your case up
Sakwiba is in it to win it,in other words Sakwiba, just like you and me is in his position to make money and more money.Matter of fact,that is what this world is all about,MONEY AND MORE MONEY,the sooner you accept this reality the better!So,stop player-hating on Sakwiba,silly cows!
yes, “silly cows” indeed they are.
we shall corner that little dimiwit called under 5.however locking him up is impossible because the chap has too much money
SO, UNDER THE NEW LAW IT IS OK TO FABRICATE INFORMATION, SUCH “PF GOVT IS TRAINING MILITIA MEN IN SUDAN”.?
Very childish argument indeed. Are these two guys lawyers?? I really doubt. The thing is let HH prove beyond doubt that PF sent youths to be trained as militias period. HH is a terrible liar whom the law of Zambia has cornered. Now he is being cheated by these money swindlers who are bringing in childish argument about when the law was enacted. Does it really matter when it was enacted ?? Law is law baba.
Even if there is new law, does it allow people like HH to lie and to tarnish the name of other countries? If this law is really in Zambia then I can cease to be a Zambia. HH was pompous and we expect the same pomposity to be exhibited now. To day he has put his tail in between his legs and start arguing like a child , my foot. Be strong baba.
i was in Court and Lusaka Times has not covered the entire argument. Sakwiba even referred to the Mulundika case which stated that the clauses in the Public Order Act were archaic and not in line with our present Constitution. The argument is sound and that is why it worked in Mulundika case. Those making adverse comments clearly do not know the sophistication of the law.
If a law is “not in line with the present Constitution”, I would deem such a law to be “unconstitutional” and therefore irrelevant.
Ha ha ha ha, we will dance all the way to anywhere because we love our icon, HH. Senior counsel Sikota and the team keep on working around the clock. We do not mind raising legal fees from other sources in the global sphere. We are ready to offer that sort of assistance if any requests are posted on internet for brother HH. Why not help our comrade and we have nothing to lose or to gain from any party in Zambia. Money is not an issue, we want justice to be practiced and, please leave no stone unturned and show the world that when an innocent man is paraded
It is true LT didnt cover the whole argument, shame on you, the defence team put up a very excellent arguement. The question of the year was asked,” who determines the alarm”? HH we love you & thanks for been our voice, Zambians voice otherwise pf is a harm to the Zambia society & economy. Go Chief Ha Ha go.
Hey, oh dear what a lovely and interesting development coming from the north of Limpopo river and hey, oh boy, I wonder what them PF people are contemprating as of now seeing that their so called case is collapsing right underneath their noses. Oh boy, unbelievable there goes the case through the window and bang,it exploded with its pieces falling everywhere even as far away as you know where. Oh no, what next for the most short minded adventurous PF camp. Well, nothing interesting will emerge any time soon from them PF regime. Oh, perhaps an apology to our comrade honourable HH. Oh, I almost forgot that we are dealing with an adventurous camp with a lot abortive schemes. Viva HHHHHHH, viva UNPD.
Hoooooo man, Satanic verses pg 29.
Quatrains- Centrury 4: 10
Viva the real son of the soil and we love seeing a real bull standing up against a pack of determined iron cage of indivinduals who are caging Zambians in inescapable man made poverty. Hey my man, please look for that key and open that hell hole where our African brothers and sisters are languishing yet a lot of us take basic necessities for granted which is not the case in Zambia. Oh damn, that its very interesting indeed, bravo and my ear drums cannot stop vibrating until I see the facial reactions of the accussers. Viva HHHHHHHHHHHH. viva UNPD viva Sikota and the team. What an exciting ocassion it is, oh dear comrades.
Country men and women is the case over?Why pass so many comments on the case which is in court.Wait for 90 minutes.Remember not to trust politicians.
These are the laws Ukwa understands well as a colonial police constable.
MORE MONEY IN ZAKWIBA, OR IS IT SHAKWIBA, OR SAKWIBA’S POCKETS. THAT’S THE BEST PART OF LAW- A LAWYER TELLS A LIE TO EXCITE HIS CLIENT. IN THIS CASE SAKWIBA CONVINCES HH THAT THE LAW USED TO CHARGE YOU IS ARCHAIC. THERE’S NO ARCHAIC LAW, BABA.
Lord I pray that you intervene in this matter, set HH free from these haters! He’s a human being, if he erred, lord I pray that you forgive him, and I pray that you touch the hearts of these people who r persecuting him to forgive him too in jesu’s name! Amen
Law by Hitla
Amayama, you are right.
The law is in place though it has not been amended to bring it in line with the current scenarios. Nothing wrong with the simple HH being charged under the so called archaic law.
Remember what happened to former Zambia Airways employees when the national carrier was liquidated? The law at the time specified that, they be paid K4.00 (four Kwacha)…
Interesting precedence to cite.
You don’t support ifya masushi masushi naimwe ba guy. How can hh fabricate such a lie envolving a sovereign state, you who are barking, do you know what that could bring to this nation, let that punk proove what he said in the court of law no short cuts.Nevours was dropped by late Mwanawasa, for comenting wrongly n Congo DRC. He sould learn to say the not ifyabupuba bupuba ati its popularity ukutumpa.
The Zambian Airways K4 did not involve Constitutional Articles. This case is like the Christine Mulundika case which led to the archaic Public Order Act need for permits being declared null and void. Saki and his team are on firm ground.
There is nothing constitutional about what this HH is being charged with but simply criminal offence, a felony under the penal code.
I have noticed that most PF bloggers have very basic understanding of issues.what the defence team implies by saying that that piece of legislation is achaic is that it was enacted (for colonial oppression) before we had bill of rights in our constitution.as such,it contravenes the constitution and it follows that any piece of legislation that contravenes the constitution is null and void.the team also wants to know the person ‘who determines alarm’ to the nation citing some incidences where some ‘alarming’ statements were issued in the past by some pf mafias.so think through….
The problem with us bantustans is we are not serious. Our man was asked to apologies and he was too big for that. This embarrassment of appearing court may just end up him having a criminal record and kiss goodbye to a fourth attempt at the presidency which he is not even entitled to by our party constitution. This idea of blocking the road by cadres and inconveniencing other motorist is also seriously affecting his slim chances. Why does our man does things that fit his nick name of <5? I am yet to hear any serious contribution to the constitution making process by our party too and yet Sirkwiba is busy trying to hide under the constitution being archaic. Lets grow up.
And people laugh at Wynter Kabimba!! Has Sikota ever won a court case, I wonder?
Have you forgotten Saki saving Mmembe and the Post dozens of times? Zero Option, Black Mamba and many other matters.
sata you said sadam hussein was hiddig in zambia with kk at state at a time daggers were drawn on iraq. puting the country at risk in 1991. Leave h h alone . i for one am MMD
#49 hate hate. you are just parrotin GBM. SATA in 1991 told lies involving Iraque which a foreign soverign country. He said the leader of that country was hidding at our state house. By then GBM was runnin a Tea Kat at Kabwata mkt (thats what he said on znbc tv) and perharps you were still in dypaz.
And this is his defense; “the law he is being charged under is archaic?!” God have mercy!
More reason his Party Parliamentarians should be spending more time legislating than politicking. If the law in question was never repealed by an act of Parliament (colonial or otherwise) and is still in our penal code, it is as relevant today as it was in 1958. If we don’t want anyone charged under these so called “archaic laws,” the legal remedy is to repeal such laws! And HH has MPs in Parliament to undertake this task. I will be surprised if the Supreme Court will entertain such excuses.
By the way, determination of alarm is simple: Yap unsubstantiated rubbish that mighty put the security of our country in peril, and that’s ALARM! As to who gets charged for such is beside the point!
Bo HH has put his tail between his legs. His pomposity is gone now. Be stong man, why cant you continue with the same pomposity you exhibited. Don’t bring in childish argument bo HH.
Is there any sane living human being capable of listening to what Saki burps out?
So, if HH is found wanting by a law that is still alive, it has to be waved because it was enacted in the colonial period? Is Sakwiba saying that when Zambia became independent, an overhaul of the colonial law took place and this law being used on HH was missed out? Come on Sakwiba, your client azangena MuChimbokaila if he thinks it is a Joke. Sakwiba has nothing to lose because whether HH goes into Chimbokaila or not, Sakwiba azafola. Nothing to lose hence just ranting anything in court without much thinking about it.
PF haters, if this case was straight forward as you ‘the know it all dumwits’ want to claim your lawyers wouldn’t have asked for more time to study the case. Sikota and his defence team raised very crucial issues that forced the govt team into retreat. If you think the colonial laws are good and still valid, as suggested by your colonial police constable who conned his way to state house, then why not reintroduce apparthead draconian laws to allow only some people to vote? Your hatred for HH is clouding your judgement with evil thoughts. Bad laws are bad laws regardless of who applies them. Remember Sata cried foul when he was caged by Mwanawasa using the very bad colonial laws which Sata and FTJ systematically left unchaged to punish opponents. So don’t complain in the future ….
Man this childish ranting. Let HH prove what he said. Has PF sent youths in Sudan to be trained as Militias by the Sudan government? This is a question he has to answer not this nonsense you are ranting man.
Understand Sikota u pipo!He is just buying time.As a lawyer he knows very well that law as no time limit.HH just defend youself.Bring out the truth.Dont push GBM to bring evidence coz some of u in the opposition will be charged will treson.By the time the case will be disposed off,whether on HH favour or GBM,HH will be finished becaused treson is non bailable.Lets focus on this case period.Mwibusha ifyalala pliz.Be wise!Remember what happened to Dean mungomba!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Saki is not a gud Lawyer!He cant much Malila and Nchito!Wactch this space the dramer has just started!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
#56 comment is for you HATE HATE #50. Am not a upnd suporter but is like you chaps hate opposition. We may soon have mystry murders. How ironic that they are taking phone numbers serial. Id z . House adds. They are trackin down bloglaz.
after others have been jailed now because is the rich manthe law is colonial where were this idoit lawyers all long to come and say it today because of a rich man justice will never apply to the poor man.
Bo HH aitays guys…we waiting for his display of pomposity. Why has he put his tail in between his legs? Let him wage it out as he did when lie that PF government had sent youths to Sudan to be trained as Militia. He can not deny it because the tapes both in audio and video are readily present. You see, that how childishness pays.
Which Pomposity are you fool talking about???? You are just jealous of those that are intelligent…simply because you are dull….You are not in Zambia….no wonder you don’t understand how much we need HH to save us from Ukwa….keep you BEAK frozen Shut…atase!!!!!!
why has HH’s case been fast tracked, arresting HH will not do the Government and the Country at International level any good.. what about the case of the stolen money from DEVELOPMENT BANK why is it not been per sued with such vigor because its simple if you fail to pay a loan collateral must be seized but since it involves SATA’S friends its a dead issue. a snake will always be poisonous no matter how old it is for that matter a COBRA.
HH’s alleged crime is POLITICAL but NCHITO’s and MMEMBE’s refusal to pay back the loan is the REAL crime as the money could have been used by well known people in need.
“….who determines alarm? GBM alleged that there were people who wanted to assassinate President Michael Sata was not charged. Bob Sichinga, alleged that MMD had printed K3 trillion fake money, as well as incidents where current President Sata said UNIP were keeping arms in Sindamisale as well as when he (Sata) said Saddam Hussein was hiding in Zambia”.
You can arest HH witth or without the evidence… but we shall demonstarte untill he is released…JUST DARE US…intimidating and oppressing opposition will not do..Why dont you arrest Kabimba who said that PF you have signed a memo to go to the wartorn sudan????
Remember how the mine rioters in South Africa were recently charged for murder of their comrades under an old draconian of an apartheid era. The outcry against their arrest was instant and orchestrated across the globe. As a result, the miners were immediately released and whisked out of their prison cells prior to any repeal of that bad law. The idea that if a bad law has not been repealed, then it still applies is unheard off, except may be under this archaic PF government. It’s disgusting that some bloggers here seem oblivious to the fact that a bad law is a bad law and is challengeable in a court of law the same way that HH’s lawyers are doing!
meant to say: “old draconian law of an apartheid era.” @ 71
ukwaland under test..!HH is the man of the moment..!