UPND leader Hakainde Hichilema has filed in a notice of appeal against the Magistrate Court’s decision to refuse to refer his case to the High Court.
Mr Hichilima contends in his notice of appeal filed before the court that Lusaka chief resident Magistrate Joshua Banda erred in law and fact when he ruled that there were no constitutional issues in his application as what he could only see was a criminal charge against the opposition leader.
This is contained in a notice of appeal filed on his behalf by his lawyers Sakwiba Sikota,Martha Mushipe, Keith Mwemba, Milner Katolo, Chad Muleza, Marshal Muchenda and others.
Hichilema said Margistarte Banda’s conclusion that he did not find any constitutional issues to warrant the reference of the matter to the high court was an error in itself.
He said his application to have the matter referred was for the high court to determine the constitutionality of section 67 of the penal code under which he had been indicted on a charge of publication of false news.
Hichilema further said that Magistrate Banda misdirected himself and fell in grave error when he declined a constitutional reference to the high court without making a finding as to whether the application was frivolous and vexatious.
He added, “the trial magistrate also misdirected himself when he failed to appreciate that the constitutional issues raised where of public interest which needed to be fully inquired into and determined by the high court”.
This is in a case where Hichilema, 50 was charged with one count of publication of false news with intent to cause fear and alarm to the public contrary to the Laws of Zambia.
It is alleged that Hichilema on June 11, 2012 in Lusaka, orally published statements in which he said, inter alia, that “PF had signed an arrangement for the militia in Sudan to train PF youths.
[Times of Zambia]
This number one anti-government noise maker is very quiet on the budget. Does this mean the budget is so good he is speechless?
Pliz leave HH alone we need good sincere and strong opposition like UPND for the sake of democracy.
In zambia, the law is selective, i want to challenge govt to arrest GBM over the allegation that there are some pipo planing to assasinate prsido sata. The other issue is on the printing of 3trillion fake notes by the then mmd govt raised by bob sichinga.
Sata is a political strategist! You shall be grilled mwaiche ka under 5!
Political strategist my foot…maybe in times of kaunda! Not in modern politics.If anything SATA’s old style politics of intimidation,lies will bring him down in 2016.
this pf govt should perish by all means..God save us!!
Have you seen how your baseless pomposity is eating you. Please HH be a man as usual so you face the law. Where has your rantings gone? We told you to behave but you chose to live in lies lies and antagonizing government. Please dont waste court’s time, just be brave to spend at least a month in jail. I know since you are a politician they will jail you for 2 months. But wait, these 2 months are like two years in a Zambian prison. Antagonism does not pay bo HH.
Peace and Prosperity to Mother Zambia.
‘1, HE WAS THE FIRST ONE TO COMMENT EVEN B4 THE BUDGET WAS PRESENTED. HE IS WISHING HE NEVER DID AS HE HAS REALIZED HIS COMMENT WAS AS USUAL VERY ROTTEN. WHOLE THE WORLD HAS COMMENDED THIS BUDGET AND HE’S THE ONLY ONE NEGATIVE ABOUT IT. THIS CAST A LOT OF DOUBT ABOUT HIS INTELLIGENCE. HE’S ALWAYS WANTING TO PRE EMPTY OTHERS COMMENTS BY QUICKLY COMMENTING B4 OTHERS IN ORDER FOR HIM TO APPEAR MORE INTELLIGENT THAN OTHER ZAMBIANS. POOR LISTENERS ARE POOR TALKERS.
COMING TO THE SWAM OF BLIND FOLLOWERS IN THE PICTURE. I WONDER WHY THEY ALWAYS SURRENDER AND TO WHO? DO THEY REALLY THINK THEY ARE GOING TO RULE ZAMBIA WHEN THEY ARE ALWAYS SURRENDERING EVEN IF IT’S A FLY THAT PASSES IN FRONT OF THEM? THE PEOPLE OF ZAMBIA WANT AND NEED BRAVE PEOPLE WHO ARE NOT GOING TO BE (LIFTING THEIR BOTH HANDS) SURRENDERING ON/TO ANYTHING. THEY HAVE SURRENDERED TO TRIBALISM, THEY HAVE SURRENDERED TO BEING POPULAR IN ALL PROVINCES, THEY HAVE SURRENDERED TO DEVOLUTION, THEY HAVE SURRENDERED TO ANYTHING AND EVERYTHING. WHAT A BUNCH OF *****S.
campaign for our president you fools. you will never manage to send him to jail. we are just waiting for more revelation between camp GBM and camp Kabimba. PF is about to explode soon. wait and see you PF fools. your time is near
HH: just go to court and present your hard evidence about Sudan. Why have you suddenly grown cold feet?