THE Lusaka magistrate court yesterday refused to grant an application by opposition United Party for National Development (UPND) Leader Hakainda Hichilema to appeal to the high court against its earlier decision to refuse to refer Hichilema’s criminal charge to the high court for determination on constitutional issues.
And Chief resident magistrate Joshua Banda told Hichilema’s lawyers that they could have avoided the confusion they have caused in regard to the same application had they avoided rushing to the high court to file a notice of appeal when they knew he was yet to decide on the way forward.
Hichilema through his lawyers despite having not heard the ruling from magistrate Banda rushed to file a notice of appeal to the Lusaka High court challenging the subordinate court’s decision.
The high court has since set November 15, 2012 as a date for hearing of the appeal.
This is in a case in which Hichilema, 50 is 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”.
“Prepare for trouble”; “Do you know what is going on in Darfur, Do you know what is going on in Abyei? Do you know what is going on there? Killings!”, statements which are likely to cause fear and alarm to the public.
But Hachilema through through his lawyers led by Sakwiba Sikota asked magistrate Banda to refer the case to the High Court for determination on contraventions of Article 18 and Article 20 of the Constitution of Zambia.
However Magistrate Banda refused to grant the application prompting the defence lawyers to make another application seeking for leave for their client to appeal to the high court over his decision.
Magistrate Banda reserved ruling to yesterday but before Hichilema could hear the verdict, his lawyers filed a notice of appeal to the high court.
In his ruling yesterday, Magistrate Banda noted that he could not grant the application because there was no provision in the criminal procedure code and Subordinate Cpourt Act that backed interlocutory appeals in criminal matters.
“That is the law. No appeal can lie to the high court if I had referred this case to the high court and the high court’s decision was found to be unfavorable then an appeal could lie to the supreme court as was in the recent case involving Frantelli Locci and Andrew Bwezani Banda Vs the people) said magistrate Banda.
Magistrate Banda said in criminal matters an accused person could not appeal against a decision relating to an interlocutory or preliminary issue.
He said “from the foregoing it must be stated that the interlocutory appeal from here to the high court in this matter cannot stand and trial shall proceed”
Immediately after the ruling Hichilema’s lawyers lead by Martha Mushipe sought guidance from the court premised on the fact her client had already filed a notice of appeal and the high court has already set a date of hearing.
But Magistrate Banda who maintained that Hichilema would undergo trial before his court said if only the defence had not rushed to file for notice of appeal, the confusion they have caused should have been avoided.
“I advised to rule on your application today and I do not understand why you rushed to file a notice of appeal in the high court when there was an application pending here. I will stand by the ruling and will proceed to trial and I will not consider what happens outside here” said Magistrate Banda.
He set January 14 2013 as a date for commencement of trial.
THIS BOY HAKAINDE IS REALLY SCARED OF PRISON, BUT THATS THE BEGINIG, HE HAS NOT TOLD US ABOUT HIS QUETIONABLE AQUISITION OF HIS WORLTHY.
Acquisition of worlthy! Kwena uli chipuba iwe. Uli chiyanga.
This man is a threat to PF no-wander all this..Only mumba and this so called U5 are genuine opposition not ka Nawakwi & ka Chipimo these are bootlickers
threat to pf you are having a laugh. lf hh can not the cb, northern,luapula and central he will never rule. And so far his tribalism has kept him from making a sent in these regions
there goes mutemwa
HH is finished. UPND better start looking for a new leader as soon they will running around like headless chickens. I know Gary is excited as he has been ploting HH’s downfall and this court case has provided him with the relevant platform. There is no way HH will beat this rap, NADA!!! Kwamana aisha
HAMIYANZE IS A DOG OF SAMPA WHO IS THERE FOR CORNING MONEY..AND EATING BORNS…AND ALSO HAMMERING SAMPA’S WIFE.
ALL OF THE MAJORITY ZAMBIANS ARE NOW LOOKING UP TO GOD SO THAT THEY ARE GIVEN THE WISDOM TO COME UP WITH A BETTER LEADER ,,,THE LIKES OF H.H ARE BETTER OF TO RUN THE ECONOMY BETTER.
@5, I am the genuine Sansamukeni and the fool who has pposted on 5 is an imposter!! I am not so shallow to advocate HH as a better leader that people can look to??? Please use your own pseudonyms and stick to your views!!!!!! Please drop using my pseudonym and stick to yours!!!
This is the problem in Zambia today, when a little thief opens his mouth and spits diarroeal, ati he is a hero and govt is afraid of him, when the law catches up with him ati political persecution. Former italian leader was sentenced and no single Italian cried foul.
pwetetepwetete ikakuletelela under five. thanx your honour this guy thinks he is above the law.
yes this boy should learn a lesson, he thinks money can buy him anything. good luck Hakainde!
HH IS A THREAT TO CPN .WHAT THEY WANT IS FOR HIM TO PAY THEM MILLIONS OF MONEY LIKE THEY CHARGED IRIS THES THIEVES KAPONYA PEOPLE WHO EAT BA KOLWE KWATI TA KWABA INAMA MUCHALO.
CNP careful with the stupid games you’re plaaying mwalafilila munsenga as you say in your kolwestan language. Stop using the courts to shield yourselves from been criticized. You’ll end up with bullets in your heads as Elias Chipimo Snr once said in 1978 about stupid African leaders. If people are criminalized for using their mouths, the they have to resort to “any means necessary” like the great Madiba once said! Careful Ukwa don’t let it go to your head!
MUSHALA IS SO DULL THAT HE CAN NOT SEE SATA’S LIERS EATING HIM UP COMPLETELY…VIVA H.H THE MAN OF THE MOMENT…PRESSURE IS ON GBM AND KABIMBA AS WELL AS M’MEMBE.
SATA IS COMPLETELY A FAILED ZAMBIA’S 5TH PRESIDENT THE VERY OLD AND UNFIT MAN IS SO CONFUSED THAT HIS REASONING CAPACITY IS MAKING OUR POOR ECONOMY PERFORMING VERY POORLY
When the ruling is against us. We cry foul. Man up Mr HH.
HH supporters are you with him in solidarity for what hee yapped? he could have jast produced evidence of the alegations he made and there would be no need to start challenging the constitution.did he think everyone will jast say leave him he is a party president? no one is above the law .abuse of the freedom of speech is bad.
HH should be brave enough to produce the evidence he had of PF training militias in Sudan as expressed in the article above. The criminal procedure under which HH has been charged is very clear on raising constitution issues in subordinate court for determination in the high court. # 12 Goncalves, you id!ot cannot even resist to use my mothers rich language to express yourself while trying to belittle Bemba people as Kolwestans! You are fully aware that your nonetity language will not be understood by nobody even if you ranted pages full of your unknown language! Who are you going to shoot you stupid ***** embec!le? Do you even understand the repercussions of your threats? Which tribe is holding the instruments of power and how would they retaliate? WE CHUNGWA WEEE!
the long arm of law… its wheels may be slow, but it surely moves.
@17 MundiaM, you are a kolwestan NOT Mundia, why waste our wonderful name on a Kolwe like you????? Stupid Kolwestan. Let us go to war if you think by holding instruments of power will save you. One stupid Kolwestan movement against ALL Zedians. Kolwes will die like flies. Try it and I bet, we can win over the Kolwes. I know the angle of my argument….mukanyela mina likuba masholi, monkeys in the field called Zambia.
ulitole chikala.to hell with your coment..a bemba is a bemba.which war are you talking about? yu are from which province?
H.H was boxed in the very moment he addressed the nation on the Darfur Militia issue; all he could have done was to retract as Mutembo had advised and we could have had him campaigning with Nevers in Mufumbwe right now. So his “SMART LAWYERS” have even denied him the right to appeal and when he is told there are people within his ranks out to get him he he blows kisses to crowds. Let’s see more of those kisses H.H