A Kitwe magistrate’s Court has discharged the case in which MMD president Nevers Mumba and seven others were charged with unlawful assembly.
Principal Resident Magistrate Penjani Lamba discharged Mumba and seven others following instructions from the Director of Public Prosecutions (DPP) to enter a nolle prosequi in the matter.
This is in a case in which Mumba was jointly charged with four Members of Parliament (Mp) namely Howard Kunda for Muchinga, Anne Chungu for Lufwanyama, Michael Katambo for Masaiti and James Kashiba for Kafulafula.
Others were MMD deputy national secretary Chembe Nyangu, Copperbelt provincial chairperson Edith Mataka and Greenford Kalinda of Lusaka.
They were accused of unlawful assembly after they allegedly took part in an unlawful assembly on December 10 last year contrary to section 75 of the Penal Code.
When the matter came up for mention today, the State informed the court that they were in receipt of instructions from the DPP to enter a nolle prosequi in the matter.
In discharging the accused persons, Ms Lamba said she had noted the instructions from the DPP and that the matter has been withdrawn from prosecution and the accused persons were free.
After discharging the accused person, the defence applied that transport and legal fees incurred by the accused persons should be covered by the State.
The defence team said section 88A of the Criminal Prosecution Code (CPC) authorises the DPP to cover costs to a person subjected to persecution
They contended that the application was in order and that the accused persons be awarded the costs.
But Provincial Prosecutions Officer (PPO) Anderson Simbuliani said the application was misplaced and should be dismissed because instructions from the DPP were not debatable.
In her ruling, Ms Lamba said she had taken into account the section that the defence team had used and appreciated the efforts made to recover the costs.
She, however, observed that the case had not gone as far as prosecution.
Outside court, Dr Mumba said the State was right to have released them because the case was not supposed to be in court.
Last week, Mumba was discharged in another case in which he was accused of conduct likely to cause breach of peace.
Am sure Nevers is not happy about it.Last time he was given one he complained.
It should be a field day for the opposition today.Garry Nkombo now Nevers.
Afraid of the commonwaelth investgator so its tru charges are fake
Another embarrasing and shameful U-turn by this useless and clueless government which has got no idea of running the country and using the justice system to intimidate inocent people.
The Commonwealth Move is working.
I smell a rat around the corner. What is the real meaning of such a string of NOLLE PROSEQUI originating from the DPP? I smell a rat!. In the event of the demise of a Dictator, there will be masses of apologies from current human-tools used by the perpetrators of tortures of innocent leaders of the opposition. Days, weeks, months and years are running out fast towards 2016. Indeed I smell a rat around the corner!
Thanks to the opposition leaders for being bold & liberating Zambia thru the commonwealt. Now we can see how coward Sata is & how useless his headless government is.
Cuba and North Korea’s dictators are better than MCS in that at least they don’t pretend to be democrats.The office of the DPP has no conscience whatsoever for being used to settle political scores.
It’s clear why all these guys are being released. It’s cause of the Commonwealth team investigating rights abuses by the PF government. Wait until they go back to London before celebrating – the charges will be reinstated.
LT, be factual as u report bcoz this is the same case in which mumba’s case was disposed. this is a move to create peace amongest us.