9.5 C
Alba Iulia
Friday, July 10, 2020

DPP gives consent; HH’s treason case goes to the High Court

Headlines DPP gives consent; HH's treason case goes to the High Court

Director of Public Prosecution Fulata Lillian Shawa Siyuni
Director of Public Prosecution Fulata Lillian Shawa Siyuni

The Director of Public Prosecution has submitted a certificate of committal to the Lusaka High Court on the treason charge of UPND president Hakainde Hichilema.

With the DPP giving consent it means that the UPND leader will now have his treason charge heard by the Lusaka High Court under whose jurisdiction such matters fall.

Mr Hichilema and five others have been appearing in the Lusaka Magistrate Court awaiting DPP to give consent.

And Magistrate Simusamba has directed that the police should return all property seized from the accused persons.

He said he cannot agree more with the defence and directed that the property be given back to the accused which included two motor vehicles and a Samsung phone.

In his ruling, Mr Simusamba said he has agreed that seizing property without seizure warranty or notice is illegal to seize accused property.

Earlier, defense Counsel Nellie Mutti informed court that properties, phones and vehicles were seized by police from accused without seizure warranty.

The State took a stand and informed court that the property seized was being kept as exhibits.

Keith Mweemba informed court that what the police did was an illegality and cannot be condoned.

Earlier, defense lawyer Jack Mwimbu informed court that the defence was ready to proceed with preliminary inquiry and that at the last hearing the state did not object to same.

Mr. Mwiimbu also applied that Copperbelt Minister Bowman Lusambo be cited for contempt following his statement that that if Mr Hichilema dies in prison, he will be happy.

He also stated that the defence was also not happy with another comment made by PF Deputy Secretary General Mumba Phiri that the if police do not act, the PF were ready to place Mr Hichilema like a rat in hole.

[Read 74 times, 1 reads today]


    • In simple English – THINGS are looking so bad that the High Court judge will rule on HH.

      A reminder that he is FACING TWO serious charges , which if he is acquitted then our judges are
      Not good or fit for purpose

      In the USA Treason is treated the same Terrorism

      Such cases are synonymous with torture and petrol bombs at Guantanamo Bays.

      Seeing we work very well with USA, It is not beyond us , for them to help us sort this case once and for all, in any way they see fit



    • Jack Mwiimbu and Mushipe cannot let the case be so brief, especially that there is no time limit on this particular case.

      So they will make sure they raise as many preliminaries as possible so that they lengthen the assignment.

      That way their billing can increase and resources can be shared, not bothering that HH is being held.

      They gave false hopes to HH last time making him believe the case was going his way; meanwhile they knew that the petition had no case, no evidence, and “unhearable”.

      So what do they do to justify their hiring so that indeed it could result in billing?

      The became legally innovative by creating numerous, untold number if preliminaries – unequalled in the history of the Zambian judiciary.

      After expiry they told him keep trying, it will work.

    • I must acknowledge that these upnd lawyers are doing their work, by raising preliminaries.

      I think they know their job because lawyers don’t work for charity – it is business.

      And in business you have to maximize both opportunity and profit, and they are doing just that.

      You must have heard of one businessman who is now president of America – His Excellency Trump.

      He says I will build a wall to keep away Mexicans from entering America, and the MEXICANS WILL PAY for the cost.

      He deploys missile defense systems in Korea, and while the Koreans are still in the mood of celebration, he says you will pay significantly for it.

      So, these lawyers are just doing their job.

    • Even Hitler had a girlfriend! All these paid minions will one day claim that they were working under instructions, even though the instructions are unprofessional, injurious and vindictive.

    • The DPP looks sexy, and appears to be highly sensitive around her niples: gets wet very easily…those eyes and the lips..!!!

    • I cant comment. All bloggers on this topic don’t match my smartness. If I comment, bloggers here will think we are on the same level.

    • The divide is surely widening. TAking out one person who represents 47 – 50% of our population can only mark the beginning of true tribal differences. We know it is all to do with hating with a passion of his tribe than anything else. We continue to watch.

    • @ 1.10 The Observer,

      You have just successfully confessed that you have no capacity to distinguish yourself through the value of your writing.

    • let the man comment on her beauty, everything is sexist or you just want to open your pie hole. I thought it was a free country. Can we no longer appreciate beauty. God

  1. This is good progress. Now you UPND lawyers stop politicking again – whats so important about what Lusambo (Dr) or Mumbi said compared to the actual case? Why not concentrate on preparing defense to have HH declared innocent rather thank misdircting your efforts?
    ..and when the law catches you napping then you start accusing PF or EL as if you are with them in court – grow up you UPND lawyer.
    So this case is serious ka?

    • The UPND will stop at nothing to create preliminaries, any opportunity will be grabbed.

      Right now they will draft preliminaries including hearing Bowman Lusambo’s pronouncements on HH.

      Their target could be 10 times those they raised in the 14 days of the petition.

      If you think those doing Funeral service business, such as St. Ann’s, are compassionate and want to help people who are mourning, you must be kidding.

      They are in business, and so are these UPND lawyers. That is their profession; who does not want to maximize opportunity and profit?

    • what next is that Lungu has imported Chinese mutoto called pwangchong and at 19hrs he will be facking DPP at state lodge,she has already taken nsuko.The High court judge will dismiss the case because with education he can’t subject himself to hearing nonsense of hate or jerousy from a failed lawyer so called president. Kaizer Zulu is facing Tasila,and Lungu had him organise some biitches including DPP at state lodge in return. Lupia Banda will be joining them Congo dust and nsuko for group sex.Dolla$$ Siliya will be doing ponyoponyo to them at 22:30

  2. The validity of the certificate of committal to the High Court is questionable as it was not signed by the DPP but by a Mrs. Matandala. The purported certificate from state is no certificate at all

    Who has given power to Mr Matandala to issue certificate? Who is this Mrs Matandala?

    Why commit the case to High Court when the charges are bad at law? They exist in a vacuum without any evidence, they only exist in the head of one chawama drunkard (not all chawama drunkards).

    • An officer representing the DPP can sign the document so it is totally legal.

    • its funny how intelligent people sound on LT. what are you doing here wasting your talents? pls go and offer free counsel to HH. you seem so knowledgeable……


    • We are watching with kin interest.The hour has come,lets hope we have someone with any moral fibre to oppose this political persecution of HH.We are very much ready to save our leader even when courts fail.The only language they(PF) listen to is war.let courts do there work first we shall strike at the right time.


    • the offense of attempting to overthrow the government of one’s country or of assisting its enemies in war; specifically : the act of levying war against the United States or adhering to or giving aid and comfort to its enemies by one who owes it allegiance. we need justice on this cace

  4. It is not about TREASON. It is about MISTREATMENT of HH. It is just wickedness! The PF leadership is causing itself terrible Negative KARMA!

    • Precisely PK! The civilized world knows that how you treat the accused matters much more than the charge! The uncircumcised uncivilized world on the other hand don’t understand the ways of Justice! Our sick economy is in trouble! Only those with big hearts who have the vision to see the bigger picture will appreciate the stu.pidity of this case! Sad!

    • @Kazhila, you are very right. It is not about TREASON. Their WICKED Scheme is easy to see through: It is about HARASSING & PUNISHING HH. They want to attempt to finish his money through LEGAL FEES so that come 2021, he may not have resources to continue in Politics. PF IS WICKED! But like any wicked system, their time to account is coming! Watch the space.

  5. Article 180 (8) of the revised constitution of Zambia states that the DPP shall exercise her powers directly by herself or through any officer so authorised by the DPP to act on behalf of the DPP. So the certificate of committal in respect of HH is LEGALLY VALID contrary to UPND lawyers who are arguing that the said committal certificate is null and void because it has not been personally signed by the DPP herself. Zambian lawyers need to be serious.

    • Bishop don’t you think it was ok for UPND to find out if it was the DPP who authorized the signing of the certificate.The issue is signing of the certificate if she did authorize then its fine.UPND lawyers are right to wonder and question the integrity of the DPP to sign the certificate if the treason case lacked basic standards to be admitted to high court.I personally think that’s why the DPP did not sign the certificate so that she does no imbalance her self.What is evident from the beginning is that HH’s has already scored his properties will be returned because police stole,a clear sign that everything with this case was done out of law.Driving alongside the presidential motorcade can never be treason and does not amount to blocking the way.

    • My dear this DPP does not want her name soiled in the mud because she knows this case is going no where. She knows exactly the outcome of this case so she would’nt want to part of these id.iots. Just wait and see if the State has got a case against HH.


  6. Chisenga you are 110% right. This tribal Power hungry thing called HH has himself to blame and no one else. He’s behaviour was very childish ,disgusting, irritating and nauseating. The whole of him could be planning to provoke instead of giving advise to PF on how they can better the lives of Zambians whom he Claim to love. I hope the Zambians now know the truth. He does not love us, he loves himself. If he loved us he would not burn schools and Markets .Though you don’t love us we will pray for you that during this tough time, God will remove pride, wickedness and replace them with love and humility.

    • This HH case will expose a lot about Zambia’s tribal power struggles.A deeper look at HH’s case you will see that all those (1)prison waders gurding HH are either Bembas or Nyanjas.(2)All the Judges and prosecutors will handle HH’s case will be Bembas or Nyanjas.(3)Most of the lawyers handling HH’s case are Tongas,Westerners,from central or North western.From this analysis HH should not expect any fair judgment.Thats will we are watching the courts so that at the time and before Judgment is done we strike.The all issue is about tribe.One tribe preventing the other from ruling.Let the strong with God on our side we shall prevail so help us God.

    • @ CIA(operation black eagle),

      Do you hope to be on God’s side by disobeying authority?

      Do you hope to be on God’s side by provoking authority through refusing to give way to presidential motorcade?

      Do you hope to be on God’s side by calling on people to rise and fight government?

      Is that the way you hope to win?

      Remember the advice of the British HC, who said, and I quote:
      “Firstly, respect for the Head of State is a cardinal rule in international relations and democracies. The events that took place in Mongu appear provocative”, end quote.

      So, if you think you will win people and God’s sympathy using the strategy of disobedience you may be seriously joking.

  7. Good move by the DPP. We want peace and order in zambia. Kaunda accepted defeat, Banda accepted defeat. Who are you to reject defeat HH please? Defeat in fact loves those who reject it and it brings more pain and suffering as a package.

  8. Bishop, these people always higher Lawyers who a questionable and they never learn. They are at it again, raising irrelevant issues and failing to understand the constitution. Remember, they failed to understand the 14 days now they are failing to understand what a valid certificate looks like. Then they will start blaming EL. I fail to understand this UPND. God please help us.

  9. Release H.H. without any condition attached! Useless president and police officers who are Pf cadres. Machende yanu! Days are numbered for you

  10. Jack Mwiimbu and Mushipe cannot let the case be so brief, especially that there is no time limit on this particular case.

    So they will make sure they raise as many preliminaries as possible so that they lengthen the assignment.

    That way their billing can increase and resources can be shared, not bothering that HH is being held.

    They gave false hopes to HH last time making him believe the case was going his way; meanwhile they knew that the petition had no case, no evidence, and “unhearable”.

    So what do they do to justify their hiring so that indeed it could result in billing?

    The became legally innovative by creating numerous, untold number if preliminaries – unequalled in the history of the Zambian judiciary.

    After expiry they told him keep trying, it will work.

    • I must acknowledge that these upnd lawyers are doing their work, by raising preliminaries.

      I think they know their job because lawyers don’t work for charity – it is business.

      And in business you have to maximize both opportunity and profit, and they are doing just that.

      You must have heard of one businessman who is now president of America – His Excellency Trump.

      He says I will build a wall to keep away Mexicans from entering America, and the MEXICANS WILL PAY for the cost.

      He deploys missile defense systems in Korea, and while the Koreans are still in the mood of celebration, he says you will pay significantly for it.

      So, these lawyers are just doing their job.

  11. This is the last chance for our Judiciary to redeem itself! It is the Judiciary on Trial and not the Accused! The magistrate court has done its part by proving beyond reasonable doubt that the said charges lack merit to warrant a serious charge of treason but for want of jurisdiction has referred the case to the right court. Be reminded that the entire world has taken interest and is watching! Even if you hate someone so much does not warrant you wishing them dead and taking away their God-given human rights? Such wishes on another only make a murderer of you because if given a good chance you will commit the act as per premeditation! Whoever is angry with anyone without a good cause is already guilty of murder (Matthew 5:21-22). Similarly, them that wish to bear false witness against the…

  12. It is very interesting how lawyers behave. If anything they are happy that the case is going on like this. They are making their bucks! Next they will present HH with a bill, A HUGE BILL, for them its business as usual. the more they go to court the more more money they make. There is nothing for free Mr HH. So brace your self for more court dates……Am going to school to learn law so that i can join the defense mwee. Cha opena…..

  13. like I have kept saying , this man needs to get rid of his current legal team. they will ruin him for life

    • You’re right.He needs an overhaul of his legal team.They are completely and utterly useless.They walked out on him during the petition and now they are back looking to suck him dry.Greedy incompetent chaps.

  14. BREAKING NEWS! A named chief is willing to spend $ one million to engage Boko Haram or El Shabab in Zambia.

    • You will just land yourself in trouble. Don’t think you can hide on a keyboard. You are known by your ip address not your names. Your friend was recently clamped on the same careless utterances.

  15. Dj Deno you are the most illiterate of all. You have mentioned people who have accepted defeat, KK, RB. Those were incumbents. HH is not in power and has accepted defeats before. In this case why havent you asked ECL to accept defeat, because he is the one who lost this election. Be wise and remove your head from the sand, because the sands of time will burry you alive.

    • Unfortunately your HH, to be honest won in 3 out of 10 provinces.

      Now May you please focus on how to get your president out of prison and if you succeed doing that remember that treason is a criminal offense and as such he can no longer contest for president anymore

  16. On a charge of a capital offence (murder, treason, aggravated robbery etc) the maximum potential sentence is death. In Zambia we usually do not hang the convicted criminal like the USA, our death sentence is usually commuted to life imprisonment (which is usually taken as a 25 year sentence).

    Only the High Court is fit to hear capital offence cases, and only the High Court can issue the death sentence. The magistrates court can deal with smaller offences such as theft by servant, trespassing, fraud etc, but not capital offences.

    Treason, Murder, Aggravated Robbery etc are non-bailable offences. Magistrate level offences are bailable (subject to the magistrates discretion).

    The procedure for capital offences is for the accused to be brought before the magistrate court and…

  17. UPND are far much worse insulters than Mumbi and Honorable Bowman… if you don’t agree with me go and see their blogs. People shouldn’t attack each other personally but over policies and other attributes outside personality. President of the Republic of Zambia ECL has been insulted more than HH. Anyway, its HH on stand. just dont use double standards.

  18. The police can be powerful, who knew they could do this to HH ; see how he underrated them always insults at the IG.
    What the IG has done, in bemba they say akanyelele ngaimwe waka pimpila kalasuma.

    • Just wait for him when he takes the reigns of power and you will feel his weight, your only option then will just be to quit this country.

  19. @Joseph,how did ECL lose 2016 elections?who declares the winner in Zambia,ECZ or you the losers?KK and RB conceded defeat because ECZ declared FTJ Chiluba and Michael Sata as winners.
    So you expected president Edgar Lungu to concede defeat to a loser HH when ECZ declared him as a 2016 winner?you guys in upnd,do you have brains?your reasoning is very terrible!!keep on declaring HH as 2016 winner but we shall see what you will achieve.ITS ONLY ECZ IN ZAMBIA WHO HAS POWERS TO DECLARE ELECTION WINNERS!!!
    Back to the issue at hand,well done DPP for refering HH’s treason charge to High Court.now let the learned judges guide whether HH was wrong or innocent.BUT EXPECT THIS MATTER TO DRAG ON IN HIGH COURT FOR MORE THAN 1 OR 2 YRS.
    Indeed “umwana ekalisha nga anya”,HH is now learning it a…

  20. The procedure for capital offences is for the accused to be brought before the Mag Court and then the Mag commits the case to the High Court.

    Sometimes the defence and prosecution agree to a P.I. (Preliminary Enquiry). This is where the prosecution presents its evidence to the Mag and allows the defence to cross-examine. In the PI its the Magistrates job to get a feel of whether there is enough evidence against the accused to hold up in the High Court. If he is satisfied, he lets the case be committed. If not, the accused falls free.

    A P.I. discharges the accused. It does not render him innocent which would happen only after the full case is heard in the High Court.

    A P.I. is not automatic and very difficult to get from the DPP.

    HH was lucky the DPP agreed to the P.I.

  21. I have always warned Bembas and Nyanja to turn away from their tribal politics.When you have a bad leader all the people suffer regardless of the tribe let me give few examples(1)Look at Chishimba Kambwili how many accidents today’s is the 4th within a short time(2)The driver to the president Mulenga was sucrifised just like that(3) the Guy whos killed from Airtel was Bemba,even Chiluba killed a lot of Bembas like Mpenza and Tembo was Nyanja.Assisnation reduced under Mwanawasa and Ruphia Banda.Lets pray all Zambians heed the Roman catholic Bishops we are in Danger.Lungu is a danger to all.

  22. Continue….
    HH is now learning it in a hard way.he could have 100% avoided this by not blocking the presidential motorcade.

    Now HH’s weak legal team will face very powerful legal team for the state such as Prof.Patrick Mvunga,Eric Silwamba,Sakwiba Sikota,Bonaventure Mutale,Jerasi,etc.

    I heard that Mr Musa Mwenye(prominent lawyer) refused to join HH’s legal team because he could not believe what HH did by commiting a crime in mongu then provide the state with the video evidence when he posted his sad behaviour in mongu on Facebook,youtube,etc before he was arrested!!THE DRAMA KICKS OFF NOW!!

  23. let us be fair. justice demanded that the preliminary enquiry goes ahead. a number of cases would be concluded at this level than taking cases to the high court. the DPP should use preliminary enquiry more often than having people in prison just to be released at the high court

  24. Umulandu taubola.Always be mindful that time is ticking.The bells tolling on HH today, tomorrow will toll on someone else right now enjoying the comfort of a South African hotel. The Ministers are supposed to pay back salaries and allowances illegally obtained during last year’s campaign period. They took the matter back to the concourt for review but are condemning the UPND for taking back the petition case to the same court. It might not even be the UPND to come and sort out some wrongs being committed by the current regime but someone within the ruling PF.History does repeat itself. Who ever thought that Mwanawasa would be the one to come and sort out the wrongs committed by Chiluba? Mwanawasa was from within the MMD.


  26. If HH and UPND did not campaign against the Bill of Rights, they would have retained some of the rights. Alas, HH and his UPND rubbished the Referendum and stragley now claiming the same rights which were freely and willingly guaranteed by Edgar through the failed Referendum. I cant wait to hear from MacDonald Chipenzi, the ‘Electoral Expert’ complaining about denying HH human rights.

    • 1mbecile, Part III of the Constitution (Fundamental rights and freedoms) Art. 11 to 28 have not been abolished. Stick to ECL arse licking instead of making “Legal” (LOL) comments

  27. Mushota you are dull, all those who see treason included. You see treason in such a case ?
    Sorry your wish will not be granted.

  28. The defence lawyers seemed so happy that the matter had gone to preliminary inquiry, just look at the way they were carrying themselves. I wonder why that was so when we know them to doubt the justice system? Did they see something positive someone tell me? The vommital by DPP seems to have shaken so much that they dont know what to do. They bring Lusambo into the picture and yet for the inquiry he was not an issue. Then the order to police to relessd seized property, who relesses evidence naimwe ba citeni fimi fimo?

  29. Ba PF mulasekesha Kwati amano tamwakwata. Your reasoning Kwati tupuba twekatweka. You are spending money on unnecessary things like this made up case of treason for HH. Where are you taking this country kanshi? Bombeleni abantu abamivotele instead of witch hunting putting innocent people in problems. Do you think mukateka forever? Why can’t Lungu open his eyes and change his advisers? Not Bakaponya bekabeka bamukukulu twatendwa nefyabupuba.

  30. As long as there will be elections in 2021, we will still vote for UPND in another good number again. It’s the policies we were voting for.

    • @cisi point of correction it will be100% in 3.5provinces for Upnd and 6.5 provinces 100% for PF.
      Again you showed us how to vote the Dudumwezi way. So tough

  31. To the best of my knowledge, the Magistrate is yet to rule whether the matter goes to the high court or the preliminary enquiry proceeds. You are busy misleading people because you are biased and foolish. Can you report professionally even if you are paid by PF. Simusamba will be making a ruling tomorrow. That committal nonsense is not even signed by the DPP. In fact, there is no letter of instruction allowing that chap who signed the committal forms to do so. So what are you talking about. Your hatred for HH will kill you.

  32. @43 chisi chesu, or is it jisi jesu? Keep it up, we enjoy beating you. Another dead petition in 2021?

  33. Awe Sure. I tend to agree with you. God clearly says submit to authorities. God will always stand for the upright and obedient and submissive people. Who are persecuted for doing the right thing. HH actions have weak links to the stipulated statutes of the country. Law enforcement follows those that disobey it. The man must have clean hands/deeds before claiming Gods support. Only if he repents and confesses his wrong doings and going foward calls upon his favour he alone our creator and father will then stand for him.

  34. @The Real Quest.

    Today UPND has learnt that it is not good to wish someone dead? The same people were wishing Sata dead. When ECL fell sick in 2015, they were celebrating. No one is wishing HH dead, but just to answer to treason charges. If he is found guilty, he will not be hanged as no president has signed executions since 1997. So dont worry he will live his full life

  35. BUK WORKERS IN DISTRESS. Lusaka times please help us expose our hardships at a company called BUK. This company is owned by a CONGOLESE man who boasts that he is well connected to politicians. THIS man hasn’t paid us our salaries since February this year. others are being paid but some nothing. We’re cying to you because this man is a savage and all our hopes are dashed. He is a bully who is making money but doesn,t want to pay workers. He is owing ZRA, CIVIC CENTRE, NAPSA, BARCLAYS, STANCHART,and some workers. He only pays half salaries to those workers who have worked for a long long time. Help us by exposing his evil deeds, the so called MAN OF GOD. A fake man of GOD.


  36. Seizing property without seizure warranty or notice is illegal, it’s tantamount to theft! Now the police cannot deny it, “niba sakalanyongo!” This case will just embarrass the PF govt and make it look like a bunch of vandals! Which is what they are anyway, buwelewele roo much bafi.kala mwanya manje.

  37. @easterner 46,
    Sata denied being sick and refused all requests to resign on health and mentally masalamusied grounds. Even going to U.K. to die, Chella and Lungu claimed he was just going for a routine check up. Even the day the vile lumpen breathed his last, Luo claimed she had spoken to him while he was jogging in Hyde Park. Anyway, good riddance, he was such a stinking tribally bigoted ***** and most Zambians were joyous to see the ***** kick the bucket!

    • kabili noko ni mbwa sana pakufyala iwe using umusula wakwe. how can you mouthy such dung pali ba SATA. What has ba SATA done to your evil rotten brain and heart. am sure noko alifye li hule pantu teti afyele amalushi kwati niwebo.

      leave ba SATA out of your evil filth thinking devilish mind

  38. These are the guys who wanted to make Zambia, ungovernable! We have not forgotten! To the High Court! Remember the even insult the bench!

  39. Wow it’s very interesting to see all these intelligent legal minds go at it on Lusaka Times…..why dont you go and offer HH some legal advice for free instead of arguing like little children over things you and I have no control over ? HH and ECL will sort themselves eventually,all we can do is watch and learn from this episode. Who was wrong and right is for the courts to decide….the rest is for us to watch,accept and move on!!

  40. We should broker a deal to help him migrate to a country where he can be hap illy Treasonous with no prospect for punishment.

    Where would that be?

Comments are closed.

- Advertisement -
- Advertisement -

Latest News

Zambia Dodges FIFA Ban

The FIFA ban that was looming over Zambia today July, 10, 2020 has been averted after a tripartite agreement...

Micho Back To Work With FAZ Goalkeeping Course

The Chipolopolo technical bench led by coach Micho has begun to train over 60 local coaches in goalkeeping and video analysis. The exercise is taking...

Government Receives the First 8, 520 Tablets for Census Use, More Expected – PS Chabala

The Government of Zambia, through the Ministry of National Development Panning, has received the first 8, 520 tablets to be used in the 2020...

No Political Party is allowed to campaign in correctional facilities across the country-Inonge Wina

Vice President Inonge Wina says no political party is currently allowed to campaign in correctional facilities across the country. Mrs Wina says Government is not...

KCM Saying Caving in of ground at the Nchanga Open Pit happening as predicted

Konkola Copper Mines has announced that the Caving in of ground following slope instability within a section of the Nchanga Open Pit Cut 2...

More Articles In This Category

- Advertisement -
[Read 26 times, 1 reads today]