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State enters nolle in HH traffic offence

By Support Editor
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HH in court today talking to his wife
HH in court today talking to his wife

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HH in court today talking to his wife
HH in court today talking to his wife

The State has entered a nolle prosequi in the case in which United Party for National Development (UPND) leader Hakainde Hichilema was charged with disobeying lawful orders to give way to President Edgar Lungu’s presidential motorcade in Mongu.

When the case came up for commencement of trial  before magistrate Gabriel Malumani today, the state said it was ready to proceed but had an application to make.

A state advocate then informed magistrate Greenwell Malumani that the state had decided to enter a nolle in count one.

However, Defense Lawyer Marshal Muchende said there is no reason someone without constitutional power from the DPP as enshrined in the constitution, should sign a Nolle Prosequi on behalf of the Director of Public Prosecution (DPP).

He says the gymnastics that have been played by the State in continually abusing the accused Hakainde Hichilema and others using the power deposed in them is unacceptable.

Defense lawyer Muchende says the defense team would like to place it on record that the State should bear in mind that the international community is closely following the matter and that investors too will only focus on governance issues in Zambia.

He adds that the State advocates after abusing the accused for 30 days and planning to enter a nolle prosequi is a direct indictment on their freedoms.

He submits that the court rejects the nolle prosequi by the State advocates and trials begin now.

“There is no reason someone without constitutional power from the DPP as enshrined in the constitution, should sign a Nolle Prosequi on behalf of the DPP” Defence Law Muchende said

Defence lawyer Jack Mwiimbu also said the powers that the DPP had in the past are different as there is a new constitution adding that article 187 places and states the powers of the Director of Public Prosecution (DPP).

He quotes that the issue is about the abuse of the court and that the court must not deny the rights to integrity.

He argues that it is clear that there has been abuse of the judicial processes by the DPP considering that the state advocates have been changing the cases since the arrest of HH for four times

He says the submission by the State advocates that they can even rearrest HH and 5 others is the same reason why the nolle prosequi must not be taken into.

He says it is clear that the State advocates and DPP are planning to arrest HH again because already they are issuing threats.

And Magistrate Malumani asks state advocate Sakala why trials should not continue if they have plans to rearrest Hakainde Hichilema and 5 others and in response State advocate Sakala says that is the power vested in the DPP.

Magistrate Malumani has since adjourned the matter for a ruling.
The other remaining count is where Mr Hichilema is accused of using insulting language against police officers.

He is also expected in court tomorrow for the treason case.

Support Editor
Support Editorhttp://www.lusakatimes.com

111 COMMENTS

  1. NO NO

    Abomination of the highest order

    In other words there is money under the table. This case should not be allowed to collapse

    This is so WRONG

    Thanks

    BB2014,2016

    • I thought nolle prosque went away with Mutembo?
      Anyways, this is victory to Zambians. The PF government stopped asking questions.

    • Total abuse of the court process and human rights of the suspects…I feel sorry for Lungu, Kanganja, Amos Chanda, Mumbi Phiri, and the dirty Kaizer Zulu (he doesnt look bath or wear clean in every photo of him I have seen). These I have mentioned have created far too many enermies and wont even know where killer blow will come from.

    • Don’t get excited already. Just shedding off some smaller cases and charges here. HH was not the one driving and so he will be nailed on the bigger cases. The chap must be taught to respect authority. Just like he would love everybody else respect him, if in authority.
      *Free Tuition*
      Nolle prosequi (/?n?li ?pr?s?kwa?/;[1] Classical Latin: [?nol?e ?pro?sekwi?]) is legal term of art and a Latin legal phrase meaning “be unwilling to pursue”,[2][3] a phrase amounting to “do not prosecute”.
      So if State enters nolle in HH traffic offence, it does not want to prosecute him on traffic offences. I Implore RTSA to procecute since they are well vested in TRAFFIC LAW. That is a pure dangerous driving charge i.e K450 multiply by all the HH vehicles involved at that scene multiply by the…

    • I had wittingly said it right here the very day HH was arrested that there is no reason to resort to sledge hammer tactics in political matters that could be dealt with using different civil options. HH acted in a very reckless manner dangerous to himself and the head of state, but not logical and sober to resort to Zero options. I strongly believe in President Lungu as a Compleat leader that has what it takes to Govern a nation confused with the meaning of Democracy and freedom. But its time he restructured his assistants with mature, sober, rational and critical thinkers than emotional hardliners. Do you know that politics is a complicated social science where even “Game Theory” is applied? Play variables of decisions smart. As citizens we are taking some critical Perspectives in…

    • @ Mushota, some of us who were sensible and were not getting excited with our inclinations told you that there was no case here to arrest someone for in such a manner all these cases are nonsensical and only make sense for the few delusional Chagwans like yourself.

    • As citizens we are taking some critical Perspectives in Politics and Socio-Economic Development in our country. Win and retain our base of free minds.

    • Cont’d…
      …number of minutes involved. Therefore K450*82Vehicles*10min = K369,000=00 in Zambian Govt coffers pa fast track.
      RTSA SHOULD PROSECUTE. ELSE YOU ARE SETTING A TERRIBLE PRECEDENCE!

      Damn! Hey, barrister MuCheNdE kindly consider changing your Name a.k.a nomeclature here, its sounds rather adulterous in Bemba.

    • Please keep adjourning until 2022. There has been peace in Zambia since blubber mouth caught the Treason charge. bye!

    • Defence Lawyer Keith Mweemba: Witness do you have any evidence of any sort to prove that HH insulted you?.
      State Witness: My God is my witness that HH insulted me.
      Keith Mweemba: Witness, so you are calling on God to be your witness in this court?

    • No lies can be sustained. Jehova exposes evil ones. Lungu is like a King posing in un invisible suit when in fact is naked. Lungu requires mature political advisers not Kaizer Zulu.HH will be vindicated and come out strong to take his rightful position God has reserved for him.

    • Agony is going to arrest un innocent person wearing masks like true bandits only to be asked to identify your self in court.

    • “the State should bear in mind that the international community is closely following the matter and that investors too will only focus on governance issues in Zambia.”
      WHEN UPND SAYS, “INTERNATIONAL COMMUNITY”, THEY MEAN WHITES. I HATE THIS INFERIORITY COMPLEX BY UPND.

    • Incompetence being displayed like tomatoes on the streets of Lusaka and dust accumulating at will. Stop this tribal war of yours pf.

    • HAS THIS SITE GOT EDITORS!? BECAUSE SURELY YOU CAN REMOVE COMMENTS SUCH AS THE ONE A WASTED [Kaputo Davies] HAS POSTED.

      CAN WE PLEASE DO SOMETHING ABOUT SUCH POSTS? IT MAKES A VERY IRRITATING READING AFTER FOLLOWING REASONABLE ARGUMENTS ONLY TO BE GREETED BY SUCH. PLEASE SOMEONE FROM LT?

  2. Interesting development. Thought there was more evidence on this charge than the baseless “Treason” charge.

    • It looks like they want to exclusively use the traffic offence as an overt act of treason! The use of insulting language to bakaponya PFolice who have just defecated on your bed is completely justified. Those 500 people who trashed HH’s home should start seeking another nationality, like Congolese, not Zambian.

    • What “evidence” ??? Even in your wildest dreams, charging a PASSENGER for a road traffic offense is absurdity in total!

      Is RATSA going to put all the passengers of the next bus accident in jail? Please be serious! This is straightforward harassment on ridiculous trumped up charges that do not even make SENSE!

      Abuse of office, interference in the due process of law by politicians, a compromised and partisan police force and now an incompetent and clueless prosecution can never be tolerated in a true democracy.

      This is beyond idiocy! This is madness by fulls that have absolutely no idea of the damage they are doing to Zambia, purely for their own selfish and ignorant ends. THEY ARE THE ONES THAT SHOULD BE ARRESTED FOR TREASON!

    • The same offence has been used in 2 different charges… wtf? The same offense is ‘treason’ and also ‘interfering with a presidential motorcade’, which was which now? This is probably the closest and not that garbage bullcr@p they are spewing. If they could release him on a lesser charge of traffic offence for lack of evidence, how are they going to prove the higher charge using the same offence?

      Imagine a person being charged for murder and manslaughter simultaneously for the k!lling of the same person, and then being released on lack of evidence on the lesser charge of manslaughter. What a country!

    • Do we know what the treason case is. We were made to believe and debated that Mongu issue as the treasonable. It is the treason charge that keeps HH in prison

    • Its amazing that you live in a country were you enjoy the privileges of a civilized democracy and yet you thinking is misplaced. Like the saying you can take a villager from a village but you can’t take the village out of his or her head

    • I feel sorry for Lungu… all these people cheering him on will be no where when the day of reckoning comes. Ask Banda… he cried

    • Yes a very sad day when we start using the police and the judiciary system to inflict injustice on our fellow citizens to settle political scores. Let us play the politics of integrity, truth, morality and let us fight on the value of ideas and not self preservation and self gain for the few that have instruments of power. Misuse of powers of office have a short shelf life that is the experience throughout the world.

    • The court has not said he is innocent, they can re-arrest him anytime so dont fly high with insults.
      Besides, we have treason case coming up – thats what matters most.

  5. Wanton abuse of power is a merry-go-round, not a roller-coaster ride! Chaona mzako kumawa mailo chili paiwe. Lungu should ask Godfrey Miyanda about the Public Order Act that he brought back to life after the Supreme Court outlawed the archaic colonial piece of law only for it to bite a juicy chunk out of the lousy failed soldier’s backside where is stinks and never shines when he left power. The arrest of HH was malicious and amounted to wanton abuse of our judicial process. It was evil and orchestrated by no other than Lungu. One day soon, he will have to pay a dear price for this evil stu.pidity.

  6. “He says the gymnastics that have been played by the State in continually abusing the accused Hakainde Hichilema and others using the power deposed in them is unacceptable.”

    pamafi party is full of cowards and desperate people.HH we’re behind you …VIVA HH

  7. SHEMUNA??? SHAME !!!!
    SHEMUNA??? SHAME !!!!
    SHEMUNA??? SHAME !!!!
    SHEMUNA??? SHAME !!!! ON Kamina-misa the Dullest lawyer Zambia has ever seen.

  9. What a bunch of losers. These politically motivated prosecutions will dent the country’s image and make us a laughing stock to the international community. No IMF money will be given until this nonsense stops. Shame on lungu.

    • Zambia is already a laughing stock of the world. Only PFooIs don’t get it. Even promiscuous thieving Zuma can boast how democratic his xenophobic South Africa is because an “Angry President” can arrest opponents in some parts of Africa (ie Zambia).

    • @Shameful,
      This simply means Zambia has gone to the dogs under Lungu. Just wait until these criminals are rounded up. What would you say about human beings throwing a fellow human being into a van full of dog excreta and you have some rejoicing about it. These Malawians!

    • Down tools on this case. Reasons not disclosed. Seems the case lacks merit and its a shame for Govt to lose to an individual. Best aborted before court rubbishes it.

  11. We have told all those blind and visionless followers of Lungusha Chakolwa that their insecurity arising from illegal occupation of GRZ seats will cause them more harm than good. What kind of a DPP would admit a traffic offence to proceed as treason? Ubupuba fye nabumbuli bweka bweka.

  12. Let’s wait and see..I’m sure the state will also enter a nolle prosequi in the insulting case..But there shall be no nolle prosequi in the treason case. HH will be convicted of treason and later pardoned by the chosen one so that he can come and offer some competition in the 2021 elections for the last time, because surely he will lose again.

    • When one sudcives through political favours like great one thinking becomes difficult. Who is the chosen one? A person who cannot even draft as charge even after four attempts or the one whose battles are fought by his enemies through their high incompetence.

  13. I am angry at how state institutions have been abused by those who have somehow found themselves at the helm of leadership in this country. Why enter into politics if you can’t treasure democracy? Why act as if you will have the instruments of power for ever? How can PF forget that, not long ago, it was in opposition? Well, since no political party remains in power forever, PF will one day go back to being in opposition. When that time comes (and it will surely come!), what will happen to its leaders? I dread to think about it.
    The so-called ‘provocative’ traffic offence was so frivolous that its no surprise that a nolle has been entered. Where does that leave the British envoy to Zambia? He must cover his face in shame!
    Its amazing how politicians don’t seem to learn from other…

  14. I told you that the state lawyers are disorganized and The DPP must have taken over the case from the start. Watch the pace.
    Info reaching me is that the State is trying to put up a good image for the sake of the IMF loan….
    I will not be surprised if the state enter a nolle in treason….Some people will be sacrificed , eg Kanganja and others in order to push the blame away from the President…as away of cleansing….
    The state lawyers are very elementary and simplistic….. Sad… The case has no merit

  15. That word again ..nolle prosequi…after the break in someones home to arrest in the middle of the night…bunch of fooools!!

  19. I REALLY FEEL SO SORRY THAT WHAT EVER GOES UP WILL ONE DAY COME DOWN , HENCE IT IS A CLEAR LESSON TO US ALL THOSE IN POWER AND THOSE THAT ARE RULED . WHAT YOU DO TO YOUR FELLOW BEING WILL BE DONE UNTO YOU NO WONDER HOW LONG IT TAKES.LET ME REMIND MY FELLOW COUNTRYMEN TO EMBRACE LOVE , HOW DO YOU FORCE YOUR FELLOW HUMAN BEING TO SIT IN VAN LITTERED WITH FEASES,WHAT IF IT IS YOU ? H.H. FORGIVE THEM FOR THEY DON’T KNOW WHAT THEY ARE DOING.

  21. I dont understand the meaning of this judgment ..can some one help Summarize in simple English what is the meaning on what was said today in court? Summarize please for me to understand also i can explain to fellow friends as to answer the following: Is HH still charged with treason? Is the state ready to defend itself on this treason case? If the state losers can HH charge the state and be paid or compensated? to many questions i can answer properly from this article? someone help

    • Hey mate, it means the State have discontinued the case against HH on account that there is no evidence, BUT they can re-arrest him again if they think they have evidence. So it ain’t a complete discharge (hence the cry from his lawyers for abuse of the court).

      I understand that he’s still charged with treason though and I’m reading that case is coming up tomorrow.

      Not sure how it works in Zambia but yeah in most countries he could sue them for multimillion dollar compensation in civil court.

      Hope I have helped clarify some of your questions. Ta

    • The state has dropped the traffic offence charge. The trial on insulting Police officers commenced today

  24. Between Lungu and Trump who has no brains ???? Be truthful @20
    And yet Trump is ruler of the greatest nation in the world

  28. To all you PF zealots, just remember that you are also Zambians. You may feel impregnable and invincible today but I assure you that nothing in this life which is man-made is permanent. You may even feel secure because of your ethinic background but just remember the words of Niemöller …”they came for the Socialists, and I did not speak out because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out Because I was not a Trade Unionist.
    Then they came for the Jews, and I did not speak out—Because I was not a Jew. Then they came for me—and there was no one left to speak for me” Add Luvales, Tongas etc in that quotation and smile. Your day is coming even 100 years from now.

  29. When the rights and freedoms of any Zambian are infringed with impunity be very worried because your rights can be infringed in the same regard and it will seem normal. What is happening in Zambia is evil and not politics because we have run away from fighting vices like uneducation, high poverty levels and the like to fights individuals. We have a government that is not tolerate of any divergent views. They will clamp on any person, company or institution that shares a different view. Lastly I have lost confidence in our leaders as they have conclusively shown me that they are serving themselves and not us the people that bestowed them with the power they now enjoy!!

  30. i’m made to wonder what sort of people others are. how do u want another person to suffer for what they didn’t do? and yet we call this a christian nation

  32. Good Leaders speak the truth! Since the root of the treason charge has been taken away, how shall the treason charge stand except through falsehoods? If there is any sane person left in PF, this is the time you drop everything to save face! Stop this wastage of our taxpayers money! Why can’t we direct these energies and focus on development? Be careful what you focus on! What you focus your energies on tends to grow! It is not only PF and Chagwa looking very bad. It is Zambia’s image that this case has dented!

  33. Atleast Kainde has stayed mu mundende for a month,am sure he has learnt it the hard way!!!

    HOWEVER,ITS NOT OVER YET!!NOTHING TO CELEBRATE ABOUT FOR UPND CADRES!!!MORE DRAMA STILL COMING,WATCH THE SPACE!!

  35. we have seen how the once mighty reach very low lows once people realize what they’ve been put up to. even if it was HH doing this to ECL I would still be mad. some of the bloggers here have no morality whatsoever.

  36. Can someone please STOP this wickedness!
    How can you just wake up and all of a sudden throw your brother in a dungeon go to sleep and only to wake up again and say nolle prosequi. What kind of wickedness is this!

  37. We told these PF Bloggers that the Motorcade Incident was a Set Up to entrap HH and slap him with a nonbailable Treason Charge and keep him in Jail. Lungu’s objective was to punish HH using the Police and the Courts to destroy him politically. Lungu wanted to kill the Petition by imprisoning or killing the Petitioners and forcing them to recognize him as President without Hearing the Petition. Lungu is abusing the Police and Courts to punish his political opponents in his quest to establish his One Man Party Dictatorship and Rule Zambia with an Iron Fist forever. The end justifies the means so Lungu is not bothered with the negative effects of the breakdown in the Rule of Law,Poor Governance, lack of Respect for Constitutionalism and Gross Violation of Human Rights in Zambia. What…

  38. @Shameful – what it means is it is either the state is sharpening their case so that they can charge him using the new root since they can arrest him immediately the case is dropped or they can leave it and concentrate on other charges. As you see his lawyers are not comfortable with it they know quite well, that is why they are complaining about it. By doing so HH will be kept were he is. In other words they are teaching him a lesson so that when he comes out he will have spent enough time in jail for him to repent.

  40. The nolle does not mean HH and UPND did not break the law. They might need to use the same charge on the treason issue. I must warn bloggers to read the laws carefully before you comment as you might get completely spoked when he is convicted. I will never support the level of disrespect displayed by HH and UPND even on HH if at all he becomes President. So state institutions are just reminding us that certain offices require respect even if you don’t respect the one occupying it. LET HIM LEARN A FEW LESSON OR HE WILL HAVE SERIOUS ISSUES OF DISRESPECT IF HE LANDS TOP JOB

  41. The nolle does not mean HH and UPND did not break the law. They might need to use the same charge on the treason issue. I must warn bloggers to read the laws carefully before you comment as you might get completely spoked when he is convicted. I will never support the level of disrespect displayed by HH and UPND even on HH if at all he becomes President. So state institutions are just reminding us that certain offices require respect even if you don’t respect the one occupying it. LET HIM LEARN A FEW LESSON OR HE WILL HAVE SERIOUS ISSUES OF DISRESPECT IF HE LANDS TOP JOB

  42. They have achieved what they wanted: PUNISH AND HUMILIATE HH and DESTROY HIS PROPERTY! PF is WICKED!

  43. Mushota u are the worst ignorant monkey. Read thoroughly before posting your stupid evil comments. Bushe iwewine wafywelwe kuli kolwe nangu kucikala ca imbwa?

  45. THESE ARE ALL TECHNICALITIES. WITH RESPECT TO BLOCKING THE PRESIDENTIAL MOTORCADE, THE STATE HAS ENTERED A NOLLE. BUT WITH RESPECT TO TREASON, THE CASE IS VERY ACTIVE. THE UPND CADRES NEED TO BE CAUTIOUS. IN FACT UPND LAWYERS KNOW THE TRAP INTO WHICH THEY WILL FIND THEMSELVES.
    “MPOMBO WIBILIMA”

    • @chisenga,
      Why are you shouting (CAPS) like an immature person trying to make up for lack of credible points?
      Now then, Did you know that you are innocent UNTIL proven guilty, and not the other way round?. Would you be happy if your father or brother was detained without proof of guilt?

  46. The reason for arresting HH is just to weaken the opposition. Why did they not arrest GBM? Because they thought GBM will be power hungry and will take a move to take over the presidency of UPND.
    Alas! nothing of that nature is happening.

    I have said it from the beginning, there is no case to charge HH, treason case is even more laughable ( per Jay Jay) than any other case.

  48. HH knows the reason for the Nolle….so tekanyeni….. HH knows. Remember he has a wife whom he misses so dearly, see the picture.

  49. But its been so nice, quiet and cool in Zambia since 30 days. Please keep him there in correction for a little while or until he is corrected ……..pleeeaase!

  50. I only want to say, quote – ‘investors too will only focus on governance issues in Zambia.’ That’s true, that is why HH and UPND need to stop trying to set the country on fire.

  51. No matter how tough it gets in the battle between good and evil, good shall always prevail. Prosecutors and their promoters are slowly sobering up, hence the fake cases starting crumbling down one by one. In the end HH and the UPND will emerge stronger and those behind should start thinking of the consequences that awaits them. No matter how long it will take and how clever they think they are, the clock is ticking against them and a handsome payback moment ever approaching

  55. When I tell you that Lungu is a hypocrite who is using Christianity to deceive gullible Christians FF cadres don’t see it;how can a true Christian be doing what Lungu is doing?how can a true Christian be surrounded by violet thugs like Kaizer and kamba and kanganja etc; Release HH

  56. The State confussion that u see in the Insult Charge would have been worse and more embarassing in the Motorcade Case. The State has no evidence to prove that HH Committed Treason and that is why the State abandoned the Motorcade Charge. Lungu is framing HH in order to punish him for beating him in the 2016 Election,Petitioning the Stolen Election and Refusing to recognize him as President b4 the Petition is heard. HH is hindering Lungu’s strategy to establish a Dictatorship in Zambia and anybody who is opposed to Lungu’s views will be crushed. If the Petition was heard in Court it would be a disaster for Lungu. That is why Lungu will block the Petition Hearing at all costs becoz he would be dethroned from power. Evidence that Lungu stole the Election abounds and Lungu committed Treason…

  57. the longer it takes the more money for the lawyers for how else can you explain the refusal of the nolle by the defense lawyers.

  58. One thing is for sure, for anyone to support UPND you need to be dull to the core and just a Tonga mad person. The Tongas motto is just to one day rule Zambia without any other Agenda.

  59. For a case to occur, they are many factors that makes it a case n many cases surrounding it, they are causes of the case to be there….

    HH is appearing for different case because he offended the government the case of “Treason” has many cases around it, that’s the reason to why the police are still searching for many causes to his action. HH did that on a purpose which meant that he knew what he was doing. check the Penal code section 43, it explains about treason and if not enough check the traffic Act, even the Constitution, check all these and then you will b able to judge on your own…

    Not everything thing is about politics try to be realist at time and see things with a normal Mens Rea

  60. When Mutembo Nchito used to enter NOLLE PROSEQUILLE for his friend Fred Mmembe and himself and other cartel members it was okay at the time. UPND and LAZ never questioned his powers, but today, they are question the powers of the NEW DPP, Why?

    Come on Zambians let the law take its place.

    HH has not been acquitted , he can still be arrested and cannot sue the state.

    The implication is that the case will still hang on his head for life.

    His lawyers are well aware bu playing a lame game.

    Goodday

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