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Alba Iulia
Wednesday, February 26, 2020

HH’s case adjourned after his Lawyers raise preliminary issues

Headlines HH's case adjourned after his Lawyers raise preliminary issues

Lusaka Magistrate Greenwell Malumani has reserved ruling on a preliminary matter raised by Hakainde Hichilema.

Magistrate Malumani is expected to deliver his ruling on Wednesday 19th April 2017.

Lawyers representing United Party for National Development (UPND) leader, Hakainde Hichilema, who appeared in Court had applied for a preliminary matter seeking that the charges Hichilema and others were facing be seperated.

Vincent Malambo SC told the Lusaka Magistrate, Greenwell Malumani that the prosecution should be be made to separate the charges as according to them, felony and misdemeanours cases have been mixed.

Treason charges are are not bailable offences while the charge of obstruction is deemed a misdemeanour and is bailable and can attract even a fine.

The lawyers contended that Hichilema would be afforded a speedy trial if the charges were seperated.

Treason charges would require a High Court trial.

Another lawyer, Keith Mweemba submitted the Magistrate Court had powers and jurisdiction to separate the charges and should rule on the matter and if possible separate the charges so that the accused was afforded a speedy trial.

State prosecutor applied for an adjournment to consider a reply to the defense application.

Malambo also used the opportunity to complain about the alleged mistreatment that Hichilema had gone through during the last few days of incaceration.

Malambo raised a concern that , the accused was denied access to meet his Lawyers, his friends, his supporters and Doctors.

He also demanded that the State disclose a purported stranger who visited Hichilema in the night.

Malambo said the stranger introduced himself as a Pastor but he was not known to the accused.

He stated that the alleged stranger left Hichilema some bibles.

“Your Honour we ask for a forensic investigations as to who this Pastor was and how he wasballowed to have access to the accused when the visitors that matter to him like Lawyers , Doctors , friends and family were being blocked?” Malambo asked.

Malambo also wondered why the accused was denied access to a bed , mattress, reading books, and blankets.

He stated that the Police alleged that the these things constituted a security risk.

“The state says all these are a security threat… Your honour , how can a mattress represent a security risk?” He said.

He also narrated that Hichilema was not treated properly from inception.

“He was attacked at his place of residence at night. He was not a danger to the Police. Teargas were discharged in the room were he was with his family. The inhilation of the teargas has an effect on his health. I defended my first treason case in 1989 and I am suprised at the manner Mr. Hichilema was treated compared.”
He said.

“Even under One-Party -State, political prisoners were not treated like this one. There was decency during those times”. He alleged.

“With the amount of teargas that the accussed was exposed to, immediate access to treatment health should have been given, he has demanded for his family doctor to examine him but that too has been denied.”

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103 COMMENTS

  1. Lawyers must not be intimidated here.

    Be strong if it means he hangs he hangs.

    He is not guilty I’m aware.

    Treason is a serious case

    Thanks

    BB2014,16

    • For me this charge is worse than what captain solo was charged with. We all know how that ended.

      Thanks

      BB2014,2016

    • My proposal is a one party system like in the 70’s. That way opposition parties will be wiped out.

      Democracy is just a filler for textbooks. It doesn’t exist.

      Well run country like China and North Korea do not enbrace democracy.

      Lungu should change the constitution to have PF lead forever and change presidents every say 20 years.

      The country would be stable and kwacha will
      Rise because stability.

      Thanks

      BB2014,16

    • Yet some ill informe officer laid that HH had access to his private doctor. One could tell from the tones of emotions she was lying. Typical of incompetence.

    • HH and his lawyers are liars. If the man is unwell as they claimed, how come he was able to stand through the process. He has alot of standing to do in the coming years and not for elections!

    • PRIDE COMES BEFORE A FALL: THeRE IS SOMETHING CALLED HUBRIS.
      HUBRIS IS DEFINED AS EXCESSIVE AMBITION AND PRIDE: THAT EXCESSIVE PRIDE AND AMBITION THAT USUALLY LEADS TO THE DOWNFALL OF A PERSON IN CLASSICAL TRAGEDY.
      THIS IS THE PROBLEM OF ONE hh

    • We`ve always told you that your country is a messed up one. I was born from Zambian parents but made sure my children are not Zambians because I foresaw this rush. It is impossible for Zambia to be governed in a sensible and progressive way the values and culture are very inappropriate. Just read from the comments on this site—sub human mongrels.

    • We`ve always told you that your country is a messed up one. I was born from Zambian parents but made sure my children are not Zambians because I foresaw this nonsense . It is impossible for Zambia to be governed in a sensible and progressive way the values and culture are very inappropriate. Just read from the comments on this site—sub human mongrels.

    • I remember meeting with a man who I believe was not a Zambian. That was 1990, when the the frenzy of multi-party politics was at its peak. The stranger told me he was glad Zambia would soon be a democracy with more parties formed.
      I informed my new friend that:
      1. Having more political parties is not a guarantee to democracy.
      2. In Zambia, the parties so formed will be more “tribal or regional” thus polarising the unity of people.

      My friend appeared not to have understood all this as he hailed from a country which had no tribes in the form that we do.
      I wish he was here in Zambia now to see for himself.

    • UPND President, if you are wise you will pay attention to what the Pastor shared with you & also read the Bible he left with you. It shows that God still has hope that you can be saved. But all this is dependent on the choices you make for the law of the Free Will still rules the earth. There is nothing & no one that can save you apart from God through His Son Jesus Christ. If you allow Him into your heart He’ll send the Holy Spirit to guide you in the way you should go. May your heart be softened.

    • Police in Livingstone chased the wind this afternoon after being cheated that UPND members are holding a meeting at heritage restaurant near zamtel .
      The police looked so unwise after being told that it was a family come together meeting to bless a marriage of one of the family member.
      Police in riot gear were really ambush the people at the gathering.
      Some joined in eating as they were hungry because the all day kept on patrolling.

    • Once again, even if I am not a lwayer, I can clearly see that HH’s lawyers have nothing to offer in defence. It is very clear that the prosecution will defeat their propositions easily. In short, there is no seriousness in HH’s camp and HH is not being advised correctly by those close to him and his lawyers. The lawyers only know it is another payday. HH is now at the mercy of the Judges. His lawyers have already failed him.

    • Asnine comments from above are a confirmation of my suspicion the commentator is more than deluded, just a plain mental case. No wonder she has no time for anything else but Lt blogging.

    • Preliminary issues again. These lawyers never learn, or should I say, HH never learns. He will be remanded in prison for a long time until after 2021 and then he will complain that he was not given time to campaign. He will be disqualified as a candidate. History repeats itself. Just get your client off the hook Mr Malambo and stop eating his money for nothing.

    • I find some contributors not helping discussion as theirs is just to instigate hate and ire with tomfoolery than bringing forth arguments that open up minds to rationality! On some the more you get the urge to contribute or respond to detractors the more the vision of sharing in intelligent discourse gets blinded.

      @ THE SAINT, thats lawyers and prosecutors for you as both may be responsible for delaying tactics at the expense of one seeking for justice to be quickly served! These guys must be sharing spoils at the end of the day acquired from clients! Its not as if the prosecution were not aware that they were lumping charges together it was deliberate! A hunter does not set a catch-all trap for different animal types or does a chef place in one pot at once veggies that take different…

    • contd…. times to cook! Its just a cunning maneuver I bet well known too by the defense lawyers how to stall the process yet let the clock keep ticking! Immediate response by prosecution is to request an adjournment so as to go and study what is already known for its the same prosecution who penned the charges! They both benefit percentages at the end of it all!

    • Nobody is saying he shouldn’t be tried and be found guilty IF he is..BUT the brutality he was subjected to never even happened in Kaunda’s time.Theft of money,breaking household goods and switching off power. The late Gen Christin Tembo former commander of Zambia Army was arrested for treason.. but was never subjected to such brutality, no others before him. To you its okay for police to torture workers, cooks etc..these things will haunt those doing this someday, it’s wrong.

    • @BR mumba,sr,with do respect sir please comment like someone who lives in america,this will helped our country fellows learn mature politics.leave such comments to paid bloggers back home.thats not your level.coming to HH am of the view that everything was planned,its high time main opposition leaders should be accorded state escourt during cultural and other none political events.if zambia had such police coordination the mongu incidence would have been avoided as police would have assigned time to each entourage,with police escourt.

    • HH is not above the law and he has never suggested that, it’s Lungu who is raping the law like he never went to Law School

    • B. R .Mumba what makes you think your interpretation of the law or events on this case is better and above others?

    • Truth seeker you are a laya. Do you know KK very well to say what you are saying? Please dont annoy those who suffered at the hands of KK. Where is Musakanya? Where is Shamwana? Where is Gen Christon Tembo? Truth seeker please respect yourself together with your vincent Malambo. Ask General Miyanda who had to stand in the faeces at knee high in Mukobeko maximum prison or is that you want HH to be subjected to such for you to appreciate what HH is getting now? Ba Vincent ichindikeni sana. Dont think we have already forgotten what happened under KK. HH is having five star treatment when compared to KK days.

  2. HH is being troubled for nothing. . Kizza Besigye has suffered the same fate in Uganda for years, Morgan Tsavangarai was mistreated and brutalised in Zimbabwe, and that is the way the brutal regime is treating Hichilema in Zambia. So sad

    • Lungu is prepared to destroy Zambia just so that he can remain in power.

      1 Kings 3:16 -Solomon Wisely Judges
      16 Then two women who were harlots came to the king and stood before him. 17 The one woman said, “Oh, my lord, this woman and I live in the same house; and I gave birth to a child while she was in the house. 18 It happened on the third day after I gave birth, that this woman also gave birth to a child, and we were together. There was no stranger with us in the house, only the two of us in the house. 19 This woman’s son died in the night, because she lay on it. 20 So she arose in the middle of the night and took my son from beside me while your maidservant slept, and laid him in her bosom, and laid her dead son in my bosom. 21 When I rose in the morning to nurse my son,…

    • 21 When I rose in the morning to nurse my son, behold, he was dead; but when I looked at him carefully in the morning, behold, he was not my son, whom I had borne.” 22 Then the other woman said, “No! For the living one is my son, and the dead one is your son.” But the first woman said, “No! For the dead one is your son, and the living one is my son.” Thus they spoke before the king.

      23 Then the king said, “The one says, ‘This is my son who is living, and your son is the dead one’; and the other says, ‘No! For your son is the dead one, and my son is the living one.’” 24 The king said, “Get me a sword.” So they brought a sword before the king. 25 The king said, “Divide the living child in two, and give half to the one and half to the other.” 26 Then the woman whose child was the living…

    • 26 Then the woman whose child was the living one spoke to the king, for she was deeply stirred over her son and said, “Oh, my lord, give her the living child, and by no means kill him.” But the other said, “He shall be neither mine nor yours; divide him!” 27 Then the king said, “Give the first woman the living child, and by no means kill him. She is his mother.” 28 When all Israel heard of the judgment which the king had handed down, they feared the king, for they saw that the wisdom of God was in him to administer justice.

    • Simply look at that Para military officer dressed in camouflage guerrilla gear in court as if he is looking for one Koni in the forest.

  3. Is PF trying to divert our attention from the ugly issue of an ailing economy and their gross financial mismanagement?

    • Meimatungu…ofcourse. How else can Lungu survive. He has no plan, busy campaigning in Luapula. This guy is such a sorry drunk

    • THis is why its better to keep an eye on the happenings in Parley or Ministerial directives being issued at the moment!!

  4. Preliminary issues have started again. Remember the preliminary issues during Presidential petition!!!!!!!!!!!!! These lawyers are full of preliminary issues until their master rots in jail. Why not push faster so that trial commences

    Saint

    • Yes preliminaries are back again. HH needs to get this thing behind him and join his family, but with these preliminaries he might be there for a long time.

  5. “…separate the charges so that the accused was afforded a speedy trial.”
    SPEEDY TRIAL!!?? WITH A TREASON CASE. LET THE COURTS BE THOROUGH WITHIN THE AVAILABLE RESOURCES. HH WENT VERY FAR THINKING HE WERE UNTOUCHABLE. HE WAS ALWAYS DARING THE GOVERNMENT AND ECL. AIITILE MPASHI NOMBA

  6. Seriously HH should have avoided all what is happening. Pride has costed him. He could have not lost anything. Now what is his profits for all this? You dont win battles ba HH with the position you took. I voted for you but Im scared you have evil agender for this country. The Sata way of politics ended the moment Sata became the president. Shame on you

    • He does need a vote from cowards like you. Hundreds more will vote for him to replace your pathetic vote! Next time stick PamaFi !!!

  7. Stay strong HH. God is watching over you. You have defend the truth and stood for what is right. Lungu will not get away from the truth. The facts are there for all to see that lungu is not legimate and manipulated those elections.

  8. @ Saint preliminary issues here are necessary. Why bcoz, police does not know which cases are for magistrate court and bailable and those for high court and non-bailable. Thats why you heard Chilufya tayali luagh at Kanganja. For sure how do you mix felony to misdemeanor cases.

    • @Desmond DONT YOU THINK THAT THE POLICE DID IT DELIBERATELY TO PUNISH HH BY KEEPING HIM A BIT LONGER IN JAIL?

  9. kikikikikiki @ TRUE ZAMBIAN……which truth? Arogance and pride is all I see in your leader. Any way all the best.

  10. In the absence of hh gbm has done very very well he managed to ensure the cadres behaved. As usual hh enters court and starts waving his party symbol being ignorant or arrogant that courts of law do not entertain political campaigns under the guise of defending ones case. He behaved exactly like the pf cadres who waved symbols at the opening of parliament I think our nation is full of sickos! All this unnecessary drama

  11. Look at the regional chiefs visiting hh ,this is how rabel leaders are made,hh with his followers think he is their President and what he did according to them was territorial protection and show of mighty because he is President in their regions ,we the man is dangerous to the existence of this country.

  12. HH, I am not your supporter in elections, but I am your supporter in what you are going through. We are dealing with people who are savages and barbaric from the top. The thugs in uniform will stop at nothing. Sometimes if you live in a country where civilisation is a danger, that’s what you go through

  13. I really don’t understand these lawyers when they represent rich people. They always find a way of dragging the case so that they can get more money. Your client is suffering in cells and you’re busy delaying the judgment, why? I think one party state was better than these confusion and anarchy being perpetrated by political parties in the name of democracy and human rights. Naba Tayali bonse sure!! End of Zambia’s dignity.

  14. UPND and their preliminaries. Same circus as they did with their so called presidential petition until 14 days ran out. By saying charges be seperated, are they going to accept some and deny others. They have accept the charges in principle. Wether they seperate the charges or not treason remains unbelable. I am sure Remand prisoners are happy with a new girl in town and can not wait for the night.

  15. LT I thought you had remained to hear the ruling that Magistrate Greenwell Malumani made after 3pm today, in addressing the preliminary issues you were reporting on in your article. Here was his ruling:
    1. He directed that the State allows HH access to personal medical services
    2. That HH be allowed to interact with his lawyers for at least 1 hr and not 20 mins only
    3. The Judge said access by his spouse, children and five other family members be allowed
    4. He said HH must not be at Lilayi but Lusaka correctional facilities immediately
    The other issues raised were adjourned to tomorrow 9 hrs. The Judge directed that his rulling should be adhered to without fail. Please send an LT reporter at 9 am tomorrow. Thanks

  16. For all I know, dont be surprised if HH has convinced himself that he is a freedom fighter in the shoes of MANDELA. But rather than being cheered on by his supporters, HH needs his real friends closer to him than ever than let him be surrounded by these marauding parasites (no insult intended) in the name of lawyers who ever since the chance arose have been falling over each other to have a piece of HH as if he were an animal carcass. A sympathizing real friend of HH must lodge himself between him and them to lessen this heartless scavenging of a defenseless man. Shaa

  17. Lungus behaviour has been eratic and incoherent for a human being with 5 senses. His behaviour has been that of a man about to die. So many similarities with satas behaviour just before he kicked the bucket. Anyway good luck to him. Our lawyers are doing a good job and soon the illegal state will withdraw their case because they are so childish and hate losing. Forward Zambia. Hh is now the most talked about politician. These guys are doing my job for me as strategist.

    • My exact thoughts, something very wrong with Lungu’s. He’s well aware his days are numbered and wants to place the blame on HH.
      I knew Sata’s days were numbered when he constantly locked up Nevers Mumba on flimsy charges.
      And also Lungu knows he’s demise is PFs dead end.
      Days are surely numbered…

  18. Very sad state of affairs. A political opponent pinned down, just for fear of the guy. Much as I don’t fancy UPND, I will never agree to barbarism anywhere in the world. It is unnecessary

  19. Just imagine a preliminary intended to split a single case into various facets to deliberately widen the matter to several varied jurisprudence as if to enable a fairer and unrestricted sharing of spoils by these lawyers. ‘Not one should complain since we have now widened the net and prolonged the matter.’ HH needs help and not from his lawyers.

  20. Be strong HH , zambians democracy is at stake and the freedoms you are sacrificing will benefit future generations.. ..

    In the name of Zambian democracy we stand with you and the rule of law.

  21. A Bible is a book by the way, lawyers for HH. maybe the Pastor was an Angel! The only book HH needs us a ?Bible. He has some serious thinking to do before God.

    Would you burn a whole country for Power?

    • A bible is merely a novel of folly and contradiction best suited to be on fiction shelf of the library…not only is it sexist, its Unafrikan. And this is the selfsame reason why the missionaries duped you…they got your minerals and left you foools with these books called bibles. In cairo road they have 50,000 of these things unused waiting to be handled out free to docile fooools. Now our own leaders are using the same trickery…they deny you everything but are happy for you to read the bible.

  22. All this because someon wants to be a servant of the people?

    Not true. There must be something more than wanting to serve us.

    • This is how she passes time in Glasgow because there they call her a monkey and the men there don’t like negros.

  23. Preliminary issues again. I guess we are in for another long trial. One would have thought that after the Conc court issues, this under 5 party could have learnt how to handle court cases.

  24. hh lawyers at it again, always preliminary doesn’t hh tell these buffoons to get to the point kanshi?
    how come each defense they offer hh comes with so called preliminary cases, am beginning to think these are unqualified stupid lawyers who’s aim is to kolapa hh’s kasaka (money), or they don’t invoice him for these stupid preliminary cases(tuma baby cases)?
    i used to suPport hh and upnd so much but i stoped now after he became a watchdog cheerleader but i don’t like the way these bunch of cone men parading themselves as lawyers are stealing from him by making sure they spend more time in court ALAH!!

  25. Mr Chibuku Lungu has learned the bad culture from Tayip Erdogan of Turkey and dictators Museveni & Mugabe how to repress and persecute opposition leaders.

  26. I hope Lungu dies soon. I hate him for trying to bring Zambia backwards and into chaos. Death to Lungu, Long live Zambia.

    • Then what? A costly funeral and glass tomb for a drunk Lazy Bum and after which another costly Presidential and General Election!!

    • @Nsimanyelele truely you are a sat.anic blood thirsty animal! May what you wish on others come back to you. I recall many of you United Dunderheads wished death on Sata even when Sata had never raised a finger to incarcerate the Human Hyena (HH)! Now Hungry Hyena cretin is on record of calling for an uprising- which led to violence and one death in UPND strongholds, he is on record of insulting a President duly elected and recognised as such by all bodies- Except for the United Dunderheads such as you- local and international bodies declared last August elections as free and fair! As sad as its incarceration is this is what it wanted but it is a weak and cowardly cretin that has failed to cope with the drama it started!

  27. Tribalist HH him too is not fit to be Zambian President because of his agenda, so Zambia is phucked pretty much because 99.9999% of people still living Zambia are pretty much st$pid to even voted for PF’s Lungu or HH or any other clueless party lead by all these old recycled individuals that are in it to fatten their pocket. Zambia needs young and educated leaders that respect democracy and accountability, not all these AIDS patients like Lungu. I hope Lungu dies soon and I will come and pee on his grave. Piece of sh!t.

  28. People like Mushota and BR Mumba just ignore them. They are just kids who don’t know what they are talking about.

    It’s only people like Mushota who thinks democracy has no place in this world. A grown up with common sense can’t make sure a silly comment.

    If you dont have anything to say why not just keep quite than waste your precious time.

  29. Mushota, Panyopako, Your death is going to be sweet and slowly
    why are you putting a Uk Flag? we know where you live
    It just shows you are a caward. By the way when are you going to stop Prostitution? Because thats what you do, thats your job description
    Panyopako

  30. if someone can cheat being christian you yet to see more. devil is in control. many take serious things as joke when water reach your neck then you will see that Zambia is on fire.

  31. Today,i dont agree with Mushota.she is 100% wrong.however,the issue is HH was wrong in mongu.even the way he has conducted himself since 11/08/2016 has been very dangerous to national security!!therefore,the best way of clearing HH’s mongu saga is through the court.trial has started,so all of us must just wait for the law to take its course!!!BESIDES,LETS FORGET ABOUT HH BEING GIVEN SPECIAL TREATMENT IN POLICE CELLS.HE IS A SUSPECT,THEREFORE THE POLICE MUST TREAT HIM THE WAY THEY TREAT ALL SUSPECTS IN POLICE CELLS!!THIS IS A LEGAL MATTER.WE ALL HAVE TO WAIT FOR THE COURTS NOW.

  32. life is very very funny. God allows certain things to happen for a purpose. imagine stealing 2 million today, multiplying it to 100 million in 20 years just to be told that your fields etc have been invaded by army worms in the name of lawyers. lawyers are slightly worser than army worms. brutal as they are, they can earn thousands by dividing cases, raising preliminary issues. even though they don’t hammer your field, they just lay eggs in preparation to hammer the next field. anyway, its their calling. no long doers, no lawyers and poverty gets them. they are like a man selling coffins who can even encourage you to buy an expensive coffin at the time your bread winner dies. they mourn with you with a hidden smile – cashing my brother.

  33. Quote of the night
    JUDGE : ” What was your intention when you combined a felony (treason) and a Misdemeanour?”
    PROSECUTOR : I need more time I seek for adjournment ..
    JUDGE : To tomorrow !!!

  34. Adjournment no. 1 of 100 court appearances and three months between appearances. I.e. four appearances per year, so 100 appearances in 25 years. Therefore HH treason case will continue long after ECL has retired……KIKIKIKIKIKIKI..I am still laughing in capital letters.

  35. Records at lilayi show no priest pastor visited or had access to hh cell i think god sent a seer for hh to come alive and do some soul searching 2021 is not too far it will be intresting

  36. How about the venom and treasonous statements MCS used to throw at MMD presidents when he was in the opposition? PF panga party is full of hypocrites.

  37. To say h.h was wrong in mongu is unfortunate,let’s take a look at our history,in 2006 pf cadres whilst in opposition blocked the late mwanawasa motorcade on lumumba road with stones and sticks,in 2010 sata in the company of his cadres blocked and run the motorcade of Mr George kunda then vice president on ndola after Mr kunda addressed a rally,a just president Rb (then president)commented and said the police were to blame as they should never hAve allowed two parties to meet on the road,they should have advised Satan or the vice president to take alternative routes,look in the end H.H will be free but the lesson is let’s not abuse power,lungu will one day be out of state house nothing lasts forever,this is why we don’t develop in Zambia just because one supports lungu doesn’t mean you…

  38. HH’s lawyers are not learned these are lawyers who fail at least three times at the Bar.
    What weak defence . same as what transpired before the concourt matter.
    For such cases you need Lawyers who know their stuff- legal statutes, articles , precedent cases etc

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