UPND leader Hakainde Hichilema has been granted bail of KR2000 in his own recognisance and two sureties living in Livingstone.
Mr Hichilema was arrested on Tuesday in the tourist capital and appeared before acting Principal Resident Magistrate Chola Musonda yesterday.
Hichilema, 50, of house number 1438 Servel Road in Lusaka pleaded not guilty to the charge of proposing violence Laws of Zambia.
Hichilema’s defence counsels consisted of Fredrick Chunga of Silweya and Company, Jack Mwiimbu of Mwiimbu and Company, Solomon Muzyamba of Muzyamba and Company as well as John Kapepe Jr. of MAK partners in Livingstone.
The Statement of offence is that on February 25, 2013 in Livingstone, Hichilema issued a statement on Radio Zambezi Fm which was meant to compute or stimulate his supporters to act in a manner which can result into violence.
Earlier in court when the matter came up for plea, Southern Province Police Commissioner, who is also a State Advocate Charity Katanga, made an application before magistrate Musonda to change the venue and transfer the case so that it can be heard in Kalomo, citing security concerns and that the accused may tamper with witnesses.
However, objecting to the application, lawyer Mr Chunga told the court that it was not appropriate for the State prosecution team to make such an application before the accused has taken his plea.
Another lawyer Mr Mwimbu told the court that the application can only be made after the accused takes his plea and that the prosecution should cite the law pertaining to the case.
“Your Honour, an application can only be made after the accused has taken plea. Let the prosecution cite the law pertaining to this particular case before you,” Mr Mwimbu said.
In response Ms Katanga said the matter could then proceed and that the application will be made later after the accused has taken his plea.
“It is my view that the suspect’s likelihood to interfere with witnesses must be established, the likelihood must be founded on facts and not mere speculations.
“As rightly pointed out by defence counsel this court has jurisdiction to act on the law and facts presented before it. It appears to me that this court does not enjoy jurisdiction to act on mere speculation. The State has objected to the bail application on grounds that the accused may interfere with its witnesses and on grounds of security concerns,” the magistrate said.
The court said “the issue relating to bail pending trial is governed by the criminal procedure code under section 132 and by virtue of the said section the court is empowered to grant bail to the accused person appearing before it if deemed fit. Further guidance can be drawn from the case of Irwin and the people.
The supreme Law of this country presumes all persons innocent until proven guilty, ” he said in his ruling over the application to shift the trial venue.
Mr Hichilema will come for mention on the March 27 and April 25, 2013 while trial dates have been set for the 26th, 27th and 28th of May.
Scores of UPND supporters were at the court house as early as 08:30 hours while proceedings only commenced after 12:00 hours when Hichilema arrived at the packed court house.
The Livingstone Magistrate court saw an unprecedented, long bail application in which
proceedings only ended after 15.30 hours while police had a tough time controlling the excited crowd.
Meanwhile the suspects in the murder of Harrison Chanda also appeared before the same court for reading of the case and magistrate Musonda told the accused to wait for the case to be heard by the High Court.
Before court was Brian Mulenga of Lusaka, and seven others who are jointly charged with murder.
Hakainde Ha common criminal
Can you read what the Magistrate said?
“The supreme Law of this country presumes all persons innocent until proven guilty”
Therefore, your opinion is not just contemptuous of the Court Ruling, but is also a “libelous statement”. Wash you mouth with Jiko before mentioning his name.
Sorry, HH is the man of the moment. We have come to love him.
Ya If you love violence he is yo man
hea has one tole…….this hh fack is an asol
The vampire is out be careful out there.
Who? Kabimba? Lungu?
HH you will never be zambia’s president unless you tell your william Banda & the group to mature otherwise no vote from me 0n the 14th march 2013
HH will be president for animals because he is more popular to animals than people.
HH may he should try to be a headman in choma he can win. TRIBE YAPASHI IF BA TONGA
YOU BEMBAS YOU ARE FOOLS. NO MORE FOOLISH BEMBA PRESIDENT AFTER FOOLISH SATA. HH YOU WILL RULE ZAMBIA VERY SOON AFTER THIS SHAMELESS BEMBA OLD MAN. A CROOK.
you right brother, this chap is going too fast and carelessly.
He’ll never be President in Muchinga but not the rest of Zed. Let this piece of truth sink in your head sir.
There is much more to life than politics, money and prestige! Please be responsible citizens and spare us some peace.
Hang in there with the hard times and hard knocks HH and you’ll be rewarded.Even the precious diamonds result from great heat and great pressures.You’re just a diamond in the rough being prepped for great things.
Godfrey hanged in there and never became president. What about Kavindele, BY Mwila both wwere rich at the time, don’t know today, they never made it to republican president. That one is only for the annointed ones.
Zambia at it best with police state ha ha HH being hate of his wealth…..PF government tell SATA why did he invest in guns poor old man..cattle’s breeds every year lol
How can someone invest in guns sure, what is the thought about guns? To Kill!!! The word of God is shaper than any double aged sword, it penatrates even the bone marrows of every living creature. God know your intentions of owning Guns……………..
Good bible quoting but the word is coming out of the heart which seem not to have a forgive and forget attitude. Don’t run away from the subject at hand which is the arrest of HH as a result of the statement he made which is being linked to the loss of human life. if it is wrong to kill each and every dog that barks at you, what more a human being? People would have loved to see HH strongly condemning such acts of animal behaviour from the depth of his heart! Dont side with politicians, side with the trueth no matter who is on the positive or negative side. God does’nt use our past to judge us. The present decide our future. if our present aspiring leaders are violent today, then we have a violent future awaiting us tomorow.
I pity HH and the UPND.
I think you should pity the sick man and not HH. Did you listen to his swearing in ceremony yesterday? The man is just in love with the name HH. Given a chance, he will be the first one to vote for HH as he seems to slow wished his name was HH so that people can associate him with success.
I totaly agreed with you a man who got 17948 CB,1758 Luapula,45397 Lusaka, and 2935 Northen provinces in 2011 Presidential elections can never rule this country. His needs to change his ways people in this areas can support him not insulting them and instigating violence. HH never never presudo.
But you people! HH has no problem. These problems are just created to tarnish his name and at the end make him stronger. It is interesting to compare Mapatizya and Zimbabwe formula. Which formula killed many people?
What does Zimbabwe formula have to do with Zambian politics?
i pity those pipo who pity HH and UPND they are suppoting a tick on a dead skin of a cow(pf)
Evil will always be exposed & a man without a smile can only fool a blind person.
True, I have always wondered why Sata never smiles and why he always lashes out at people whenever he appears in Public.
Aluta continue. We have a dictator govt. Check their records in previous govts. Blood is in their hands. Kabimba, start looking for a second country.
When people were saying HH is bitter blind UPND supporters brushed it off, but look at how this man bitterness driving UPND to. Just because you have failed sell you ideals to the Zambians you now resort violence. Mpongwe is has gone to PF,Once again I pity UPND and HH.
You are the Thugs. It is PF cadres on the orders of Sata who always go out to stone and beat up opposition members wherever they are gathering. Besides the PF cadre might have been killed by the very PF to frame UPND. Afterall the cabal that is in power today is known for the evil they were committing in the 1990s when they were calling the shots in Chiluba’s MMD. We all remember the dubious Zero options. The detention of opposition leaders and the assasinations of Wezi, Ngenda, Paul Tembo, Ronald Penza etc.If this rubbish continues you will end up with a situation worse than Rwanda. Winning an election is not a licence to trumple on other peoples rights.
Mmmmm, ba @GONCALVES, even in Mapatizya????
Given a choice between some parties and human dung what would you pick?A hot headed fool or a “brainless” old man.This chap of an impositor needs to be tamed.
Be careful UPND/HH, the same way the TRIBAL TAG has stack, the DEATH/VIOLENT TAG may soon prove to difficult to shake off—just saying!!!!
The Tribal tag? It has only stuck amongst you guys from Northern and Luapula Provinces for the simple reason that he is a threat to the tribalist and your benefactor in State House! Sata is a tribalist. He is the worst President to have ever occupied State House. He cannot hold the nation together because of his pettiness, incompetence and rabid tribalism and regionalism. Do his appointments reflect the breadth and width of Zambia? The answer is NO! How would you feel if RB, Milupi, HH, Kavindele were to make the kind of tribal appointments your Sata is making? You will be the first to shout tribalism….afterall arent you the same cabal who accussed Levy of building a family tree? Didnt you accuse RB of tribalism? Stop your projection, it wont work!
Indeed. One of the accuessed of the Livingstone PF cadre murder is a Mulenga. He is supposedly UPND but PF die-hards will still insist UPND is a tribal party. It is so sad when some people simply refuse to use their brains to reason.
You chaps from Northern and Luapula Provinces always label any political party leader who is not Bemba speaking as a tribalist. Zambia has changed my dear and your nonsense won’t sale. With Sata as President none Bembas know what tribalism is. It is a pity you have started sacrificing your own cadres for political ends!
You chaps from Northern and Luapula Provinces always label any political party leader who is not Bemba speaking as a tribalist. Zambia has changed my dear and your nonsense won’t sale. With Sata as President none Bembas know what tribalism is. It is a pity you have started sacrificing your own cadres for political ends!
@Kapiji:
First of all, don’t let my name f00l you, ‘Mr. WISE ONE’. I am neither a Luapulan nor a Northerner. Get that through your brain my friend!
But if you want to talk about who is TRIBAL, just check out the comment @Kachali. To him, no one who carries a name such as MULENGA can belong to UPND. Even Ur’ comment isn’t any better. Tribalists like your type and Kachali are so blinded by tribal politics such that you even miss your own TRIBAL STUP!D!TY in the very statements you write to accuse others.
What is tribal about my earlier statement when all I am doing is to tell you folks in UPND not to avoid the elephant in the room—the TRIBAL TAG you have acquired! Now, if not careful, you are about to get tagged again. And you are so blind to see it coming. God have mercy!
If the MP had not resigned there could been not bloodshed that have witnessed. The bible teaches us that the blessings of the Lord maketh rich and adds no sorrow. So equally will be accountable before God. The police may not arrest him but the bible calls us to account for our actions.
let us condemn violence no matter where its coming coming from, opposition or government! why shed human blood. Be careful with leaders or aspiring leaders who tolerate the shedding of blood because such same leaders will tomorow instruct other blind minded ignorant cadres to go and kill your mother or father or brother or sister or uncle or aunt or cousin. You will get sentenced to life imprisonment or get killed and those same leaders you are risking your life on, wont protect you from going to jail or getting killed. it’s time to say no to violence or violent leaders. wake up man!
All you tribalist PF cadre you will swallow your pride and words one day, If MC Sata can be president of Zambia, anyone can be a president. And who ever comes after Sata cannot be worse than what we are having … intolerance, violence, corruption, tribalism, more swearing ceremonies than developmental projects, nepotism …. i can go on.
my coment please u have started like ZWD?
All of you blaming HH for violence are burying your heads in the sand. There is always an equal and opposite reaction to every action. Attack my home, I will kill you. Attack UPND camp, you will be killed. What does a man gain by trying to get all MPs to his side? Nothing! absolutely Nothing! So what will PF gain by causing all those unnecessary by elections? Nothing and absolutely Nothing! Will anyone remember the guy who was killed in Livingstone after one week? No and absolutely NO! So what was the purpose of dying? Vanity and absolute vanity. There goes Mr. Chanda for supporting and fighting for a lost cause. Whether you insult HH or not, Mr. Chanda’s death was in vain. Fire the campaign team for PF because they are not intelligent. they cause many deaths to satisfy their own egos.
No.. In this case it is UPND causing the violence. Why haven’t I heard condemnation of the murder of the PF guy from UPND leadership? Do They enjoy this act? We are past that stage my man but if you want people to go back to barbarism they will always go back very easily.
However since Life is about progress we can’t allow a few people that want to live in the uncivilised era to draw us back to killing each other-that would be retrogression. We need to civilly eliminate those who are barbaric among us.
Heya, going by the tone of your speech I am surprised you even know the word “ego”. Do you know the word “mirror”? Look into one.
HH YOU ARE NOT ALONE FIGHTING THIS CORRUPT SATA GOVERNMENT. MILLIONS OF ZAMBIANS ARE BEHIND YOU. BE BRAVE. CONTINUE FIGHTING. VICTORY IS CERTAIN. ZAMBIA IS NOT FOR SELFISH BEMBAS. WE SHALL FIGHT, AND WE SHALL WIN THE FIGHT.
How can he became a president when is just known by one million, one tribe, one province, that is why ka william Banda keshile mukumulila money. Mwandi william mudala lyako ishoshine ipiya ishaba kamutwe akasopa. aka kamutwe nganisoka ngayaliba very poisonous
PLEASE GO WATCHDOG THE LATEST IS THE POLICE IN LIVINGSTONE SAY CHANDA WAS KILLED BY FELLOW CADRES OVER THE MONEY FROM SATA WHICH THEY WERE SUPPOSED TO SHARE