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Wednesday, August 10, 2022

HH asks Court not to award him damages after State enters a nolle prosequi in the defamation case

Headlines HH asks Court not to award him damages after State enters a...

UPND president Hakainde Hichilema (left) interacting with his lawyer Jack Mwiimbu
UPND president Hakainde Hichilema (left) interacting with his lawyer
Jack Mwiimbu

United Party for National Development (UPND) leader Hakainde Hichilema yesterday asked the a Lusaka Magistrate’s Court not to award any damages to him after
the Director of Public Prosecutions (DPP), Mutembo Nchito entered a nolle prosequi in the matter which was scheduled to commence trial yesterday.

Mr Hichilema has advised the State to channel the said damages towards poverty alleviation programmes.

Speaking in an interview, Mr Hichilema said costs for damages were paid from tax payers’ money who were not part of the State’s mistake to arrest him and wondered why he should accept the said damages without any conscious.

Resident Magistrate Boniface Mwiinga discharged discharged Mr Hichilema in a matter in which he was facing an offence of defaming the Republican President.

Magistrate Mwiinga in his ruling said the DPP’s decision to enter a nolle prosequi in the matter was trite Law which could not be challenged but to set the accused person free adding that the State was at liberty to re-arrest him because the court had not acquitted him.

“This matter is closed for now following the DPP’s decision to enter a nolle prosequi under section 81 and 82 of the Criminal Procedure Code, the accused is set free, he is at liberty but be reminded that a discharge is not an acquittal,” he said.

This was in a case in which Hichilema was charged with one count of defamation of President Michael Sata contrary to the Laws of Zambia.

Particulars allege that Hichilema, on January 13, this year, with intent to bring the President into hatred, ridicule and contempt, did publish a defamatory statement which was covered in the Daily Nation of January 14 this year.

Divisional Prosecutions Officer Desmond Mwanza called the matter and informed the court that the State was ready to proceed with trial but had an application to make before the matter could proceed.

“Your honour the accused person is present in court today, and the State is ready to proceed with trial but we want to inform the court that the State has received instructions from the DPP’s chambers to enter a nolle prosequi in the matter,” Mr Mwanza said.


  1. Very Focused leader, helping the PF Govt serve funds on useless court cases, My Vote on u HH, Keep it up…show the pf that u mean well to zambia

  2. Sometimes u just let some of these useful imbiciles go free so that they continue to misbehave till they hung themselves. lol!

  3. Well done HH! At least you have a heart for the people. The Pathetic Failures aka PF are only interested in Politics of the Belly. Never in the history of Zambia has a sitting President ever awarded himself a 150% salary increment. But the PF broke that tradition. The CNP has mismanaged the agriculture and food sector and now the country is back to experiencing mealie meal shortages. This is UNIP Mark II complete with the failed policies of Kaundanomics!

  4. @Osmore, I thought your comment is the one which is imbecilic, unless you don’t know the meaning of “imbecile”.

  5. BIG UP TO H H. he understands how our country is struggling to lift up the economic status of the common man

  6. This is really commendable especially that the political arena is full of characters who are driven by Daniel Munkombwe’s pyscology of politics of benefits. I encourage HH to continue with the same spirit so that political hyenas and political prostitutes can be reminded that politics is about self sacrifice and service to the people. It is not a short cut to instant wealth like some people who went into government with seven guns are made to believe.

  7. I don’t understand the awarding of damages part, there is no mention of that in the court, someone educate me, does a discharge come with an automatic awarding of damages or is it a ‘just in case’ comment?

  8. Nolle prosequi because the whole case was built on the quicksand of someone’s emotions and not law and proveable evidence.These PF nutters run this govt on the combustible fuel of mental retardation and the nuclear waste of visceral hatred.

  9. LT u a slowly turning into upnd media. dameges! for what and why? this ws done nt that th gvt had no evindence no! it is part of sata’s easter present to hh so that those claiming that the oppo’ ar being persecuted could stop.

  10. Another nolle prosequi what kind of people run the Zambian government? A bunch of time wasting miscreants.

  11. HH, that’s the only donation I have so far seen from HH. I have never heard him donate any money to any charity cause using his own money.

    Akaso kalipitilila batata to the extent that he’s even failin to fund his party.

  12. this is too much the DPP is wasting the Judges time other people are still languishing in cells and have not been charged and yet the DPP continues to waste time on cases they clearly know cant go any were i think bwana DPP u r abusing the nolle proseque it is not a weapon .I think this should be used to judge the performance of certain people.I the prosecutors,arresting officer and the DPP.if u knw that the case will not go anywhere why arrest the person in the first place.judges have alot of cases to handle it time to get serious not politiking all the time.

  13. Sata should fire that Mutombo Nchito, he has been the worse PF employee ever. Now he has lead to HH embarrassing Sata. This decision by HH is really a bad karma to Sata, who always received money from courts.

  14. Weldone HH. This is the first a nolle prosequi funds have been directed to the poor. Otherwise defendants always celebrate to the bank.

  15. HH stole enough money from privatisation and knows that too well. Besides he has not been acquitted but discharged and is subject to being re-arrested.

  16. I am not an HH supporter but, this gesture goes to show that he is a leader and loves Zambia. Thumbs up my man

  17. #14,Tole.HH is not like the rest of the quack leaders.He does not blow his trumpet.Pa Zed we like showing off ‘na poze’.
    If I may ask How many donations has Sata done to the poor people who put him in plot 1?He is busy enriching only his family forest.He has even failed to visit a single market except when there is a campaign.The truth be told HH is the only credible candidate for the next elections period.

  18. Thats so presidential of HH. Thinking about the masses unlike someone i know who spends billions on by elections so as to suffocate democracy in parley.

  19. H.H. Is ignorant, ask any legal practitioner and not just any lawyer and they will tell you that a nolle prose qui is not an acquittal or a complete discharge. Thus H.H. can’t claim for compensation. You people stop commenting on things you don’t understand.

  20. The case had no merit, any sensible person would tell right from the start that it was not going anywhere. Ba mwankole…… “its a foolish dog that barks at a flying bird”

  21. the curent Dpp has entered more nolle pros qui than winning cases.this could me that he is either merciful or incapable of discharging his duties.

  22. My heart goes out to HH, that is the mark of a true leader. The sooner Zambians realise HH means well to us the better.

  23. Interesting. So all the friends of the DPP such as Mr M’member and Dr Mathani who had their cases dischaged in this manner where awarded damages even though it wasn’t in public interest that their cases be discontinued. This is spiting in the faces of the zambian tax payer

  24. The Lord said you have eyes, but you can’t see, you have ears, but you can’t hear. He might be a president one day. God is the one to guide us in all the challenge we face as a nation as well as the entire world! Thumbs up to HH, but we don’t want the system to change you when you become a leader!!!

  25. Was the state serious with this Charge? the accussed can be rearrested for what? Yes the accussed can claim damages and costs for those quacks claiming to know the law like Fre!

  26. Some bloggers are imbeciles. They never appreciate information as it is given. Why would u want to create misinformation . HH has shown what a brainy leader he is against imbeciles in gvt

  27. Are there no men and women in pf cabinet who can stand up and say NO to dictatorship? Are there no pf cabinet ministers who can sacrifice their personal benefits like the 22mmd to 3rd Term and say NO to 1 party again? Do u all (pf) desire the country degenerate into a dictatorship?

  28. Well Done HH. Sata has feared becoz it is true that HE intefered in the Kabimba corruption case, hence the nolle

  29. Mr UPND president sir whatever good things you try to do no sensible zambian will be amused, zambians dont trust you and they will never trust you at all together with your fellow mailoni brothers and please tell your Shakafuswa before he joins your camp that he is a finished politician as young as he is and he will never bounce back to Katuba cant never!!!

  30. @ Chills, you are a grown up. You shouldn’t be taking each and everything the media tells you as truth, you must think critically and be able to make own reflections. This is one reason why I stopped visiting some site where everybody comments like two year olds……nshalumbule neshina namubeshiba!!!!!!!!!!!!!!! hahaha icibemba calishupa!

  31. This Guy is sick in his head. To him everything is political. If he wants to contribute to the poverty alleviation, why is he firing his MPs and causing Bye elections. May be he will start thinking straight when he starts visiting the Barber regularly.

  32. HH will always be an under five. He learns and understands very little or nothing in life. How do even fathom that you were going to be awarded costs if any?

    This is not an acquittal baba and you can be arrested again over the same matter.

    On the other hand, if HH felt strongly that he was going to be awarded any costs, the best could have been for him to apply for such and then when he was awarded, than fantasize then, give back to the state.

    Stop playing cheap politics HH

    While you out rightly condemn all and everything that the PF govt does, you have inadvertently admitted that they are working on poverty alleviation, hence your imaginary donation, mocking the poor.

    Shame on you boy

  33. Well done HH…quality leadership traits..Please PF stop wasting taxpayers money in bye elections and self salary increments! We r watching closely.

  34. Wow! am i reading correctly? mmmmmmmmm, guys we seem to be doing a great job with this blogging, am sure under five alomfwa, well whatever your intentions are, this is step forward, this i likey….., wow am speechless, next work on that one province mentality, if you would clear that, i can assure you i would forget the SA saga wachaile na one fellow called pastor, I thinking you are now walking you have been crawling for almost a decade, mwashibukeni, now distribute ubunga to northern and the copperbelt, you will be at plot one in no time, OOOOOOOwe.., i think naukumbwa kuli ba LUNGU iwe ka? you almost got me, anyway, what u’ve done is good, congrats!

  35. Sisi u a bubling like barbel fish without brain. Yo sata takes zambia to 1 party state, sata hates and fears upnd n mmd bcoz he’s a born dictator, malabishi u a indeed.

  36. i think there are never any damages in criminal cases whereas the state enters nolle prosequi. so which is he talking about to go to the poor


  38. One more time: Well done HH! You’re not like Ukwa who spent a lot of time in court suing people for damages including the Post that is that is now singing his praises!

  39. Reporters get real pliz and stop misleading people. Which damages have been awarded to HH in the first place b4 he can tell us that he doesn’t need them? Nolle means he is free for now and the DPP has rights provided for by the law to dicontinue any criminal matter b4 court without need to give a reason. By implication, this means that no damages can be awarded.

  40. Flash back The Post: Mpombo responds to HH’s claims

    By George Chellah

    Tue 29 Mar. 2011, 04:02 CAT [9452 Reads, 0 Comment(s)]

    HAKAINDE Hichilema is too immature and arrogant, says George Mpombo.
    Reacting to Hichilema’s claim that he should be grateful because he once assisted him with cash, Mpombo, who is Kafulafuta MMD member of parliament, denied ever receiving any assistance from Hichilema, saying there was something terribly wrong with the UPND president.

  41. “I find this chap’s claims and allegations appalling, grotesque and galling. And his lies are a product of a distorted mind. Hichilema is an incorrigible liar with a limping conscience because I have had no contact with this chap,” Mpombo said. “He is telling lies about the K10 million. He has never given me any money. I have been on my own since I left government two years ago and I have managed and I am still managing. Hichilema is just a cheap braggadocio.”

  42. Mpombo said on several occasions Hichilema had sent overtures for him to join UPND.

    “I outrightly rejected those overtures on principle because firstly, he refused to work with Levy Mwanawasa. Secondly, Hichilema is just an albatross hanging around UPND and he suffers from some debilitating form of political megalomaniac to the extent that he lives in self-delusion by trying to compare himself with US president Barack Obama and UK Prime Minister David Cameron on the basis of age,” Mpombo said.

    He said leadership was not about age.

  43. It’s about maturity and capacity to understand issues and provide mature solutions. But Hichilema is too immature and inexperienced. What he doesn’t know is that Obama didn’t just come from the blues, he was a senator, even Cameron has a rich political history,” Mpombo said. “It’s not just about being young, it’s about being young and having a robust brain. The only qualification that chap Hichilema brings on the table is his role in the privatisation rip off, which has destroyed a lot of families’ and left him rich. How callous!”

    Mpombo said unlike Obama and Cameron, Hichilema was just plucked from pitiful levels of political ignorance and ordained to become the leader of UPND, a move that had now proved to be disastrous.

  44. Anderson Mazoka was a legendary leader no wonder Zambians across the country voted for him in 2001 and cannot be compared to this inferior, immature and childish leadership that Hichilema is providing today. I was in the UPND of the Mazoka days so I know what I am talking about. In fact, it’s clear that Hichilema derives sensual thrill in taking over political parties whose founder leaders have passed on,” Mpombo said. “He forcefully took over UPND after the unfortunate demise of Mazoka and this time he went to my late brother Ken Ngondo’s All People’s Congress (APC). He was also hoping that Mr Sata will be in the same situation but by God’s grace Mr Sata is alive. Hakainde is a man with a perverted and depraved mission, shame on him.”

  45. Mpombo said it was shocking that a man who aspires to be President could concoct lies about the recent Mutaba local government by-election in Ndola rural.

    “That chap went on vortex of vicious smear campaign against me and Mr Sata. But despite camping in Mutaba for four days together with his vice-president Richard Kapita and his entire national executive committee, he lost the election. He was the only president in that ward by-election and he lost. Surely, is that something he can be proud of? Did he see Rupiah or Sata in Mutaba?” Mpombo asked.

  46. That chap and his henchmen where camped at Shem Musala’s village dishing out money, bicycles and slaughtering animals but still they couldn’t make it. That in itself confirms that the chap has no national constituency. Hichilema should just consider standing as councillor in Kabulonga where he resides or somewhere else just in case Kabulonga proves to be an uphill battle for him too.”

    Mpombo said if UPND wanted to come back into political limelight, they should ditch Hichilema’s blunder-prone stewardship. He said Hichilema had failed to provide inspiring leadership as seen by his recent pathetic union with APC.
    Mpombo said had Hichilema been a humble person, he would currently be president of Zambia.

  47. “That chap without his misplaced pride and arrogance he should have been in State House now. When Mr Mazoka died he was called to State House by Mr Mwanawasa and told him that he wanted to work with him. Clearly, if that chap were humble he would be president and not Rupiah Banda. Cheap pride and immaturity is what will crush the youngman,” he said.

    Mpombo said Panji Kaunda’s revelations in the Sunday Post painted a very disturbing picture of Hichilema.

  48. “Surely how does a leader seeking office say ‘I am UPND and UPND is me or I will be the last Tonga standing?’ Leadership shouldn’t be based on tribe. Hichilema has demonstrated beyond any reasonable doubt that he is totally incapable for the office of president,” Mpombo said. “Hichilema’s tribal inclinations rules him out of the race for presidency completely because a president must be one who is truthful and a unifier. Generally, Tongas are very good people, it’s only this chap who has a problem.”

    Mpombo said even with some coverage from the public media, Hichilema was still heading nowhere.

  49. “Surely how does a leader seeking office say ‘I am UPND and UPND is me or I will be the last Tonga standing?’ Leadership shouldn’t be based on tribe. Hichilema has demonstrated beyond any reasonable doubt that he is totally incapable for the office of president,” Mpombo said. “Hichilema’s tribal inclinations rules him out of the race for presidency completely because a president must be one who is truthful and a unifier. Generally, Tongas are very good people, it’s only this chap who has a problem.”

  50. Mpombo said even with some coverage from the public media, Hichilema was still heading nowhere.

    “He forgets that some of us are MMD and we interact with ministers and other senior leaders. We know what’s happening in so far as UPND and MMD are concerned. In fact, currently there are specific instructions to the public media to give him maximum coverage on condition that he is insulting Mr Sata and not RB,” Hichilema said. “No wonder, he keeps insulting Mr Sata almost on a daily basis in his quest to campaign for RB. He is not even talking about what he would do or his so-called socio-economic programmes he is so obsessed with.

  51. Currently, Hichilema is not any different from the likes of Chanda Chimba and Lifwekelo and all those lumpens working as Rupiah’s vuvuvelas. He thinks we don’t know the scheme; there are orders that the moment he diverts from the agreed position, which is insulting Mr Sata, he will not receive any coverage from the state media. Even on the constitution bill, the MMD is delaying to bring it up for debate in Parliament because they are currently in negotiation for UPND support to meet the two-thirds majority.”

    Mpombo said UPND spokesperson Charles Kakoma had just confirmed his initial statement that Hichilema was campaigning for President Banda.

  52. “Those chaps are in disarray because whilst Hichilema is denying, his right-hand man Kakoma is saying that ‘PF is no match to the MMD in the forthcoming elections’,” Mpombo said. “Does that sound like somebody is campaigning for his party? As things stand now, Hichilema and UPND have ruled themselves out of the contest and they have resolved to campaign for RB. I have been vindicated and Zambians should just be on the lookout because more is yet to come.”

    Yesterday, Hichilema was quoted in the Times of Zambia as having said that Mpombo had no influence in Kafulafuta and among the Lambas in general.

    Hichilema claimed that he assisted Mpombo with cash but refused to disclose further details on the matter. He advised Mpombo to be grateful to people that assist him when he is…

  53. Those wondering if HH can claim damages or not. Well, he can under Tort Law. It’s called “malicious prosecution” and huge damages are awarded…in millions of rebased kwacha!!! I guess HH is a kind gentleman who doesn’t want to stress the Treasury and the Zambian people with such huge claims.

  54. A Nolle Prosequi is not an acquittal and therefore one can never claim damages as he could still be re-arrested as the Judge advised in his ruling. So there were no damages due to HH and he can therefore not claim that he has forfeitted anything!!!

  55. Kajongozi Hichilema whoever you are now that Mpombo has been fired by PF and he has a case to answer we shall see who shall bail him out of 10,000Kr he was given as a gentleman’s agreement and he decided to deny, this time they will lock him up if he does not come up with the money. Things do really fall apart

  56. This boy will never cease o amaze the masses. HH has a brain of an amoeba for sure

    How can you give want you don’t have? how tell me, because no costs are awarded in a nolle prosequi case

    And other political upstarts like HH applaud like kids being given candie

  57. I’m not a Lawyer and I do not understand how a ‘nolle prosequi’ can have benefits of damages being awarded, or is it just one of those political shouts?.

  58. so he was just being harrased? ok. PF then shouldn`t be asking for evidence when oppositions say they are being harrased.

  59. HH take your time, CNP and PF are going nowhere. Come 2016 whether they rig the election they will be out.

  60. In a nolle prosequi, HH would have to commence a civil suit for damages and cost. It is not automatic that he would have been awarded this as the prosecutor enjoys immunity under the law for entering a nolle prosequi. A case resolved by a nolle prosequi or nolo contendere is not actually litigated. HH is aware and was told so by Sakwiba, but being a sucker for milking every opportunity for political mileage he issued a misleading statement. It is obvious that, the above statement lacks integrity and should not be praised.

  61. if only HH could be the next president
    remember he only wants zambia to be well governed
    he is already filthy rich

  62. only a VERY shallow minded person will not undstand HH z guesture. to me hez not mane hungry dispite his lose on legal fees. the fact is that HH will never be recalled 4 this case and nolle prosecul is another word by the court to mean acquittal while eluding charges. y chase taxpayers money when you are mane saturated? maybe the sataz. certain individuals will die from jealous of u HH. am getting 2 like you HH coz some pipo hate you 4 nothing and 2 me thats the reason of liking you. WHY ARE THEY SCARED OF U?

  63. The few facts are these; HH was released through a Nolle Prosequi, meaning the case is not necessarily closed, and in principle he could be re-arrested and charged. This is not under dispute. Therefore, a person released through a Nolle can not be entitled to any payment by the State as the case has not reached a logical conclusion and he is not acquitted.

    If one is not entitled to payment, then certainly one is not forfeiting anything and congratulating him or singing praises on account og him allegedly having declined payment is not only misplaced but misleading to the public!!!

  64. The headline is misplaced and it is typical misinformation! Poor reporting, stop ass-kissing for once and start reporting facts. A nolle is not an acquittal and if HH cannot differentiate that then he is not Presidential material and he should let his lawyers talk to the press to avoid plunders.


  66. As most bloggers have indicated, it beats me how damages would be awarded without the matters serving in court. But if indeed HH was awarded the said damages I find it wrong for him to reject them. Clearly, there may be no provision in government’s financial management system for ZERO-ONE to award the damages to charity. He should have collected the money and handed it to an orphanage of his choice in full view of TV cameras!

  67. All those against HH gesture go jump a cliff and remain bitter. The president for ALL Zambians HH and not that ukwa the family forest sector only presido. with window dressor belly politicians like munkombwe

  68. This matter is straightforward. What HH meant is that the nolle was some form form of acquittal. In effect, it means that the state is abusing the court processes and he wished he can sue the state and would definitly win the case against the state. It is after the envisaged win that what damages he would be awarded would be donated to vulnerable and poor zambians. HH in in sync with the majority of Zambians.

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