Wednesday, June 19, 2024

I would have rejected nolle prosequi if there was a constitutional way-Nevers Mumba

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Nevers Mumba and his supporters after being granted bail
Nevers Mumba and his supporters

Movement for Multi-Party Democracy (MMD) president Nevers Mumba has said that if there was a constitutional way of rejecting the nolle prosequi he would have rejected it.

This follows the move by the State today to enter a nolle prosequi in a case in which he was charged with others for conduct likely to breach peace

Speaking to his supporters outside the court Dr Mumba said that the entering of a nolle prosequi in the matter proved that he was arrested to be harassed and intimidated without committing an offence and without witnesses.

The State today decided to drop charges of misconduct likely to cause breach of peace against MMD President Nevers Mumba. The State decided to entered a nolle prosequi in the case in which MMD president Nevers Mumba and others.

Kitwe Senior resident magistrate Daniel Musonda discontinued the matter after District Prosecutions Officer Gabriel Chipalo told the court that he had received a letter of instructions from the Director of Public Prosecutions (DPP) to discontinue the case.

“Now that I have read the instructions, I discharge you. You are free to go home. Your case has been discontinued through the nolle prosequi,”

Nevers Mumba, 52, was charged for being a disorderly person, contrary to section 178(f) of the penal Code chapter 87 of the Laws of Zambia.

Particulars of the offence are that Mumba, on December 24, last year in Kitwe, publicly conducted himself in a manner likely to cause breach of the peace.

66 COMMENTS

  1. I think it’s safe to state that the UPND has become a more relevant party than the MMD. 2016 numbers might be embarrassing.

    • You have not been acquitted and the charges have not died. Its like you have been put on hold as the same charges can be reinstated anytime.

      Bear in mind that criminal cases have no statute of limitation

      therefore, your celebrations maybe premature

      On the other hand, do not fo0l the public that you have not constitutional recourse to this nolle prosequi,…
      you do bwana as you can call for a judicial review of your case

      For now enjoy while the sun shines and reorganize your dying MMD

    • I can’t agree with you more! Nevers should sue the state with expenses…this behaviour of using state muscles to harass people is a tradition in Zambia that has been with us for decades…it is time we put it to bed. It is not right, it is evil to treat anyone in Zambia the way the police are used to mishandle innocent people all because of political differences.

    • UPND? lmao, you are hallucinating #1.

      It seems you can’t see beyond southern province, always remember that Zambia has other tribes that are not Tongas and who don’t like HH because of him been from a tribe full of tribalism. That been said, if you think that HH can win elections in 2016 without other tribes endorsing him, you are living in dreamland!!

      Adiós!

    • Because of the pathetic way PF are running government I am ashamed to tell my friends am Zambian because all ask me is your country ruled by a similar dictator like Mugabe and I just say am from Southern Africa

  2. But why? i thought they wanted to run the doctor into the ground? Question: how much was wasted trying to prosecute this man?

    • #3 first change your name then we can answer you, its always polite to address someone by name, and not a number like a prisoner.

    • @ Nostradamus, there is nothing wrong with the name, if you look at it as a metaphor you will see things a little clearer. Indeed it does not matter where a leader comes from, what really matters is how he/she governs this place. Creating and maintaining improvements for the citizens and our country’s outlook by continually demanding more of what is good and right from our leaders and they should aspire to LEADING the country to higher heights not governing failure and inadequacy, when will we strive for excellence? The fact is we have to see this problem if we are really going to go anywhere.

  3. Even UPND leaders, especially Douglas Siakalima begged the Police to charge them with something, but police couldn’t. They let him free after 2 days in cells.
    Sata should note that his subordinates in DPP and ZP have started to disregard his commands of arresting opposition. Its time he fired Mutembo Nchito, he is working against PF strategy.

  4. these PF chaps are so confused..all those charges and the trips to courts..Mumba should sue them..for unlwaful detention..

  5. nolle prosequi means “be unwilling to pursue” meaning the State in this case does not want to continue their case against Mumba.

    • ha ha ha ha Mushota u are really in trouble. what have u done to attract shooting and shouting when ever u contribute something.

  6. Who has paid for Miles Sampa’s $20,000 class at Harvard University. Is it out of pocket or is the government footing this bill? How is his one month stay at Harvard going to help the people of Zambia. Sata is the one who should have gone, he could use some education.

    Miles Sampa is very narcissistic, he has at least 2 websites of himself where he posts pictures of himself playing in the snow at Harvard on tax payer money. And Zambians are quiet about it. Lwenu!

  7. Pafwaka…………..even Garry Nkombo its will be the same thing, HH same thing…….cant u see you are embarrassing yourselves?

  8. I always say that these chaps must learn to advise their bosses instead of rushing to carry out orderss then get embarassed later on like this!

  9. PF police and the DDP thinks people are tried at bwinjinfumu road? the post will just read u into serious embarrassments. Saki once said that our courts of law are still at chikwa road and have not been moved to 36 bwijinfumu yet

  10. Useless why drag Never Mumba through the mud,put in in prison for a case the prosecutors can not pursue? I think the police are indeed out to harass PF political opponents.How can we change the constitution to disallow the state from entering a nolle prosequi, so that they won’t waste time arresting people for flimsy reasons

    • Nevers should know that he needs to be tested if he ever wants to be president, that’s the precedence. KK spent some time in the British police cell, Chiluba spent sometime in a UNIP Police cell, Levy was the perhaps the not so tested one and he died on the job. RB got the job on a silver platter no wonder he only lasted 3 years. MC tested the MMD police Cell and he’s still going strong. Its time for the yet-to-be-winned two under-fives to test the PF cell. Kekekekekeeke!!

  11. nolle is when police arrest a man on instruction and fail to prove the allegation before the director of public prosecution (DPP) and the court. In this case the State today decided to drop charges of misconduct likely to cause breach of peace against MMD President Nevers Mumba. The State decided to entered a nolle prosequi in the case in which MMD president Nevers Mumba and others. Meaning if they had continued the state could lost the case because it had no sufficient evidence but Mumba and other case still arrested for the same charge if police mobilize the truth wavela mushota

  12. Does zambia deserve the current leadership we have? Lord forgive me i know i have insulted the entire pama fi leadership b4 on this fora. Anyway, maybe as zambia we needed to be bullied around for once. Dont know what others think and will say.

    • We deserve the current leadership because we were sleeping when Chiluba changed the constitution to suit him, and we were also sleeping when we were supposed to have changed the laws the the colonial massa’s left us.Hopefully we are waking up now,if not PF will look like angels compared to what we may put in power if we dont change

  13. your are a gifted preacher and not a politician. you ran away from pf kadaz in livingstone. Ati donti kutina and yet you are in the forefront

  14. So deputy ministers are now being sent to Harvard using tax payers monies hey? I guess we know how the euro bond is being used.Isn’t he supposed to be serving the country in the country? Its like the president disappearing from the country for 2 weeks because he needs a break from running the country- oops bad example that already happened didn’t it?

  15. Well Nevers Mumba has been vindicated! The plans of wicked men shall not prosper.Good on you pastor.Just be consistent and persistent.Fight for the voiceless and help Zambia uphold and stick to its democratic principles.Whether you become president or not is irrelevant.Fight for laws that will help prosper future Zambian generations,then great will be your reward in heaven.

  16. Well Nevers Mumba has been vindicated! The plans of wicked men shall not prosper.Good on you pastor.Just be consistent and persistent.Fight for the voiceless and help Zambia uphold and stick to its democratic principles.Whether you become president or not is irrelevant.Fight for laws that will help prosper future Zambian generations,then great will be your reward in heaven.

  17. You can see how sata is abusing government resources. Just imagine how many man hours, fuel, electricity, paperwork, time etc has been wasted knowingly. If i was nervous i would immediatetly break the same law to see if they would arrest him again

  18. The By elections judged him, he is no longer a danger to anyone but to MMD. He has a new lebel, A LOSER!

  19. @ Mushota 4 u…
    nolle prosequi

    (no-lay pro-say-kwee) n. Latin for “we shall no longer prosecute,” which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped. The statement is an admission that the charges cannot be proved, that evidence has demonstrated either innocence or a fatal flaw in the prosecution’s claim or the district attorney has become convinced the accused is innocent. Understandably, usage of the phrase is rare. In the 1947 courtroom movie, Boomerang! the climactic moment arrived when the District Attorney himself proved the accused person innocent and declared nolle prosequi.

  20. Ja Ja ja…, yeah right! i knew this would amount to nothing, just making noise and stearing our emotions on top of doing bussiness with all the bail monies, did any of you expect much? such are games of politics they are the best actors and actress, supported by police and the courts! Next we should give them nationbal awards for best actor: actress ect, Starring? Our head of state, co star, tuma yes bwanas and vima bad charecters, opposition leaders and their lot!

  21. Miles Sampa, like many other PFgovt leaders, is sharper than some of you that are draging his name here even when we are supposed to be blogging on Nevers Mumba’s nolle. This shows how some of u bloggers have flight of ideas typical of the features found in schizophrenia or ‘split mind’.

  22. But what I know is that in this case, Mumba is not set free, but that as at now the court cant continue with this case and at the time they think its right to continue,then they will call Mumba back. Why celebrating about that?

    • You and all of us bloggers know that this case as of today died a natural death he will never be called period! Next……

  23. Pompous and full of himself, as usual. How can such a self-seeking character -one so lacking in humility- aspire to the presidency?

  24. All the surplus money in Zambia is spent on non priorities and when sensible people speak up the rest of you *****s cry foul and start calling us names.

    What kind of a people are you who cant defend public interests and community property? You accept crumbs all the time and are even grateful for them so shut up!!

  25. i think young elias chipimo will do well in the 2016 elections.he’s more level headed than HH and nervous.Nervous makes hasty decisions which is a sign of a person who lucks wisdom and HH suffers from alot of regret and wished he entered into an alliance with ba Noah.Regret leads to violent tendencies in an individual.All that HH needs to do is resign or just stand as an MP.I think these two pipo are better off being mps or ward counsellors.

  26. Muleikalafye ba Nevers Mumba (Anania) you are behaving as though your are a popular politician? when people like you you cant even talk the air itself can tell how overwelmingly people wants you, already you are finished before you even become a politician, dont be fooled

  27. Yaku, even my grade 5 child here in zambia knows the meaning of nolle prosequi yet someone who thinks he / she is ” I Know It All” is totally blank about the phrase. PhD / Pwapwapwa / Degree holder chakuti chakuti alale!!!

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