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Alba Iulia
Friday, February 21, 2020

State enters nolle in M’membe and Funga case

General News State enters nolle in M’membe and Funga case

Fred Mmembe leaving court today
Fred M’membe leaving court today

The state has entered a nolle prosequi in the case in which Post Newspapers Editor in Chief Fred M’membe and Reporter Mukosha Funga are charged with the case of publishing classified documents.

Particulars of the matter were that on 17th April 2015, M’membe and Funga while jointly and acting together published a letter by Anti-corruption commission (ACC) Director General Rosewin Wandi to President Edgar Lungu informing him that ACC wanted to commence investigations on his political advisor Kaizer Zulu.

But when the matter came up this morning, State advocate Patrick Mutale said the nolle prosequi is the appropriate course to take at this age and does not mean there is a lack of evidence to proceed with the matter.

He argued that the charges the duo is facing is serious and is in contravention of Section 5 of the State Security Act.

He said the decision was also meant to dispel insinuations that M’membe and Funga were been persecuted.

But defence counsel Nchima Nchito said the state entered into a nolle prosequi because it has no evidence against his clients.

He said it is unfortunate that state has entered a nolle after subjecting his clients to spending a night in police cells.

Judge Sikazwe warned the duo that they are being discharged and not acquitted which means that they can be re-arrested any time.

[Read 48 times, 1 reads today]


  1. Ncima as a senior member of the Bar ought to know better than to utter such remarks….he should know how and when a noelle can be entered that’s why his own brother often dispenses with his services and opts to self represent

    • Good one

      M’membe 11 & PF 0.

      5 days left to the dissolvent of Parley & PF will be in squabbles. Political party migration on the horizon, & without vision most PF will scamper away from Lungu.
      The likes to the recycled beavers (RB), seems so busy eyeing the toppling of Nevers Mumba out & off MMD presidency.

      Vote wisely for UPND & HH come 11~8. Only HH & UPND can fix the economy pathetically failed by PF.
      The Skeleton Key

    • @Ellen, the State in Zambia abuses the nolle. There is already case precedence that the offence the duo faced is non-existent. The issue here is that if they just withdraw the case, then they’ll be left open to litigation for wrongful imprisonment. So, entering a nolle shields the State from being sued. So, Nchima is on firm ground to protest the nolle on behalf of his client.

  2. Luaghable voting for hh? Its like asked to stop going to church to follow the devil which is death trap.
    All those failing to survive with the super weed killer G12 are being thrown in the upnd waste bin it will be empted on seventh day when lungu will be announced winner of 11/08/16 general elections.
    Even hh and banda lost there G12

  3. So ninshi mu PF emwaisula ba G12? G12 is only applicable to those vying for seats as councillors, MPs, President!! it is not that if one defects he/she will go and stand as a candidate! defection of MS has touched a raw nerve, let’s just campaign for our preferred candidates, may the best man/woman win the. race. bukaponya bwanchito sana! Awe sure!!

  4. When Edith spoke of a HEADLESS Chicken, I laughed the whole day not knowing that I will continue laughing to date. So the Mutembo DPP replacement is another headless chicken just as the rest of them who in the first place initiate arrests.

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