SEVENTEEN UPND cadres who were arrested together with Chongwe Member of Parliament Sylvia Masebo for unlawful procession have been discharged by the Lusaka Magistrates Court.

Alfred Habeenzu and 16 others were discharged yesterday after the State entered a nolle prosequi against the accused persons in a matter they were charged with unlawful procession after Magistrate Kenneth Mulife made a ruling on whether or not he should refer the matter to the High Court for constitutional reference because the defence objected to a nolle.

In his ruling on the defence’s objection to the nolle, Mr Mulife said the subordinate court had no powers to overrule the Director of Public Prosecutions (DPP) concerning any instructions and to seek reasons why a nolle was issued.

He said it was only the High Court which had powers to change the DPP’s decisions on such matters.

Mr Mulife said if the defence had asked the court to quash and discharge the charge on the indictment before the State had entered a nolle, the court could have made other decisions.

He said he could not question the DPP why a nolle was entered as he had powers which were vested in him to enter a nolle in any case and at which ever stage of the court’s proceedings.

Mr Mulife said in accordance with Article 56 of the Constitution, the DPP has powers to discontinue a case before judgment is delivered, adding that once a nolle is entered the accused shall be discharged.

Earlier defence lawyers, Keith Mweemba and Martha Mushipe, objected to the State’s application for a nolle, stating that the State could not enter a nolle in a charge that did not exist.

The lawyers told the court that they had submitted that the charge should be quashed and that a nolle could not be entered because the charge lacked merit.

They asked the court to refer the case to the High Court for constitutional determination whether the accuseds’ freedom of movements were infringed or not.

Mr Mweemba said the charge was unconstitutional as it was contravening Article 22 of the Constitution which guarantees the protection of freedom of movement.

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17 COMMENTS

  1. Irresponsible misuse of public resources on cases they know can’t secure convictions. And the Head of State calls himself a lawyer

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    • Chosen one has a brain of a warthog, the head of state is no longer a lawyer and doesn’t interfere with the courts

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    • What can I say. I’m loving Martha Mushipe. Maybe she is this generation’s Lucy, yes I mean the one & only Lucy Banda Sichone.

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    • @Ndobo, but that’ Edgar’ nature, he never won any case in his career, same record as Kabimba.

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    • I earnestly ask.UPND to.look at youth unemployment.

      I suggest immediate capping years served in pubic service and parastatal organisations to 55 years of age, reduce voluntary years of retirement to 45 years and make normal retirement at 50 years.

      This will guarantee absorption of our youths into formal employment whilst those.who would have worked for st least 25 years will use their savings and experience to continue in self employment. Youths wake up and claim your rights to decent jobs.

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    • Viva LUNGU for high cost of living , load shedding, closing CBU and UNZA and HARRASSING HIS OWN CITIZENS VIVA HH AND UPND

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  2. You locked up these people for what? Even putting bail bonds for what? More time and taxpayers money wasted..this will be now be used to for legal and other expenses of those 17 people…something that should have been avoided in the first place.

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  3. This is what we tell people like Eddy. The PF just harassing people day in day out for what. Please stop it.

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  4. The courts and prisons in Zambia are for poor people and the unfortunate ones. Politicians and their cadres and rich people can never be arrested. If it was, certain politicians and some rich people could be in jail now but they can do whatever they want and they will go Scott free.

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  5. Mr Lungu, thorugh the DP as a proxy, why are you following in the footsteps of Mutembo Nchito? Dont you know what happened to him with him after all those nolle’s

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    • Bafikala tell me, I want to know who killed my Anderson kambela mazoka and not this rubbish you keep on talking about.

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  6. Too many State entering a nolle prosequi even if Mutembo Nchito is no longer the Director of Public Prosecutions (DPP), is a sure sign of NEW Government coming in power just like the Fig Tree Parable. “Let the fig tree teach you a lesson. When its branches become green and tender and it starts putting out leaves, you know that summer is near. Matthew 24: 32

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  7. COMMON SENSE IS THAT WHEN THE ECL FAILS TO DO WHAT IS RIGHT THEY GO NOLLE. KUPAYA CHAKASUMBI KUTOTA HALIKALA (THE FAIL OF A CHICKEN IS TO HIT ITS BEAK ON A CHARCOAL.

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