Lusaka Magistrate Greenwell Malumani has set Monday, 15th May 2017 as judgement day in the matter in which opposition leader Hakainde Hichilema has been charged with one count of issuing insulting language against law enforcement officers.
This was after Mr Hichilema was found with a case to answer and placed on his defence.
Magistrate Malumani ruled that evidence by the State witnesses shows that they had an interaction with HH at his house.
He says the defence team also showed how the state witnesses behaved adding that one of the witnesses showed lack of professionalism on the part of the police.
He reads that the State witness identified as Mbita struggled to give evidence adding that the defence team submissions were equally valid.
The defence team has to argue by way of showing that Mr Hichilema did not issue insulting language and the State advocates have to argue by showing how Mr. Hichilema used insulting language.
Defence lawyer Jack Mwiimbu informed the court that Mr Hichilema has exercised his constitutional rights to remain silent and that the defence will not call any witnesses.
He said the defence team will not add anything but rely on the guidance and ruling of the court.
And state advocates Sakala says the State wanted to submit a written submission before the court and Magistrate Malumani directed that if any submission is to be submitted, it should be on or before 10:00 Hours, tomorrow, 12th May, 2017.
Magistrate Malumani has since set Monday 15th May, 2017 as judgement day.
Mr Hichilema remains on bail for the insulting language but in prison for treason.
There is no case here. Those state witnesses are far too dull to stand trial. Infact, they are wearing HH’s underpants which they stole. Defence lawyers must seek clearance to check them..silly chaps
I hear sounds of Harp and angels singing ……
Mbita afwile eufwele one of the many bambas the police stole at HH’s house…so uncivilised PFolice…Someone rush me a puke bucket!!!
Insulting language a jailable offence. Zambia let us live above this. Who has never insulted before? Should we all turn ourselves in?
This should be just a fine and case closed.
Ukuisebanyafye uku bane. Otherwise we are slowly turning into Iran with the religion. Christianity is not a religion but a life of love and forgiveness and honoring our God with our belief/heart. No ifi. Niku Irani? Ayatolah Lungu Khomeini
Mudonsa will wear all her nice suits to court and her man will still be in the dock. 2022 patali she needs to make new suitsl
@1.1 You devil, repent.
This is a misleading heading Lusaka Times.
Zambia is not different from any Islamic country now.. Except we are so good at pretending we are holy when we do our prayer and fasting.
We told you that don’t count the chicks before they are hatched.
The bitter man has been found wanting and now he is scared to talk – its laughable.
All along his lawyers were hyper acting like bulls on heat then all of a sudden you want to remain quiet.
Anyways HH still behind bars and Zambians are happy.
So now HH chooses to be silent. Such an insolent egomaniac. It seems he has not realized yet that no one stole his vote. The unrepentant schizophrenic! Meanwhile GBM bwankoko as usual in his king size bed!
Death penalty please.
Anything else as a country we protest.
If it’s not death I promise I will leave lusakatimes for life.
Thanks
Bb2014,2016
Mr Hichilema remains on bail for the insulting language but in prison for treason. Ikali. Why is HH decided to silent when he’s good at insulting people. Boma ni Boma i guess he’s exercising his rights.
I wonder how blocking presidential motorcade turns out to be no case.
I wonder how calling on citizens to rise against government turns out to be no case.
Interesting!
@House fly, insulting a police officer on duty is a jailable offence, even manhandling an officer on duty can land you in jail not only in Zambia but world over. He will be sent to prison for a minimum of 6 months but he will serve 4 months.
@ 1.7 Gringo
You mean Zambians are the same as islamic countries at blocking presidential motorcades.
OK this state weakness has been mweembadicapited by this young learned honorable fellow , but does he know who he will be facing tomorrow when he steps in that dock for the treason case, mmmmh! Let me remind him, he was once minister of legal affairs,former MP, once represented treason accused under a highly brutal, skillful and secretive kk regime, he is honorable Vincent Malambo, this OP musamba chime guy will be mummified for good, mark my words.
Simply put: HH pleads guilty for using insulting language. And I hear SDA have very bad language.
I wish to repeat my facts from yesterday.
1. HH insulted the cops. Remember the Bangwe Navile farm insults.
2. The police were a bit rattled and disorganized in presenting their evidence
3. The Lawyers did not deny that HH insulted and were trying to divert the issue that he meant dogs which were not anywhere near them and they did not prove that they were dogs.
4. The Lawyers did not want to defend because the witnesses present were his lawyers who cannot lie on oath since they heard the insults and know who was being insulted. SO CASE TO ANSWER and you remain silent means CONVICTION
I wish to repeat my facts from yesterday.
1. HH insulted the cops. Remember the Bangwe Navile farm insults.
2. The police were a bit rattled and disorganized in presenting their evidence
3. The Lawyers did not deny that HH insulted and were trying to divert the issue that he meant dogs which were not anywhere near them and they did not prove that they were dogs.
4. The Lawyers did not want to defend because the witnesses present were his lawyers who cannot lie on oath since they heard the insults and know who was being insulted. SO CASE TO ANSWER and you remain silent means CONVICTION
Telyashi lya kwa Kaleya Mateo ili mu remix.
Don’t think so, with such state weaknesses in the dock, aikona man.
THESE WITNESSES ARE SO DUMB, LOOKS LIKE THEY WERE NOT EVEN THERE JUST COOKING UP STORIES
Is there such a case in Zed? Why is it particularly stated as using insulting language against law enforcement officers? Does this mean I can use insulting language against anyone else?
Those 500 PF mafiosi in balaclavas went to HH’s residence at night, trashed his home, stole food, clothes and valuables, defecated and urinated on his bed, then continuously gassed him for 14 hours before he came out. AND THEY STILL EXPECTED A WARM WELCOME FROM HH. Lungu is just plain mad!
Buck Teeth, Was Lungu there? Your HH now knows that Zambia is a country of laws not cattle
Insulting language a jailable offence. Zambia let us live above this. Who has never insulted before? Should we all turn ourselves in?
This should be just a fine and case closed.
Ukuisebanyafye uku bane. Otherwise we are slowly turning into Iran with the religion. Christianity is not a religion but a life of love and forgiveness and honoring our God with our belief/heart. No ifi. Niku Irani? Ayatolah Lungu
@Housefly: PLEASE TRY TO DO A BIT OF READING BEFORE YOU COMMENT. HH IS IN JAIL BECAUSE HE IS FACING A CHARGE OF TREASON. OTHERWISE FOR HIS INSULTS, HE CAN EVEN BE ON BAIL. IN FACT HE IS ON BAIL FOR INSULTS. IT WAS THE DESIRE OF HIS LAWYERS TO SEPARATE THE CHARGES INTO TWO. THE BAILABLE OFFENCE OF INSULTING AND THE NON-BAILABLE OFFENCE OF TREASON. ALREADY HE HAS BEEN FOUND WITH A CASE OF INSULTING OFFICERS TO WHICH HE HAS REMAINED MUTE. IT SEEMS INSULTING IN UPND IS JUST A SIMPLE MATTER. BUT FOR US AS A CHRISTIAN NATION GOD DOES NOT TOLERATE INSULTS.
@Chisenga, if you are a Christian then Satan is a holy Saint.
Since there is no evidence of HH insulting and Mbita has accepted that he was lying I see a small fine or the case will be thrown out.The real drama will be the treason case.HH will come out victorious.
Yes, Why is this being delayed?
On bail for insulting but in prison for treason. kkkkkkkkkkk
Uko wapya munzi
Politically motivated charges …again.Nuff said.
He will be jailed.
So, in which section do we find this offence? Can any intelligent Zambian help me please.
Article 179 of the Penal Code Act
“179. Every person who uses insulting language or otherwise conducts himself in a manner likely to give such provocation to any person as to cause such person to break the public peace or to commit any offence against the person, is liable to imprisonment for three months or to a fine not exceeding four hundred and fifty penalty units or to both.”
In the real sense there no case ,however it is a child play that landed him in deep waters .
Thinking through it you dont see anything serious, but any thing serious can also crop up if not checked.
All what was necessary is to create bounderies where HH and his cadres need to halt, that was the reason he landed where he is , the fear of the law will keep you out of prison brushing with it you will make you a jailbird either you like it or not.
It is a lesson to any other politician who may think they are small gods.
But Lungu and his PF friends are the ones who have no respect for the law.
HH is where he is because Lungu and his 500 mob in balaclavas failed to kill him at his home. HH was supposed to be dead by now. The court cases are to cover up for the aggravated robbery at his home. That’s why the cases are so weak.
Ubu bwiine mulemona bututu akalumbafye mwebe bututu
Weak people revenge.
Strong people Forgive.
Intelligent people ignore.
Where do you put your leaders?
Thats what your King James Bible that was written by your oppressor teaches you.
@ The Real Quest,
Well spoken. Good quote with a lot of depth in meaning. As a matter of fact, it applies to how we respond to everyday life, even how we respond to some of the comments on this blog.
@Jay Jay, the real oppressors in Africa are your neighbours who you have to fight against for resources. They are the ones who will kill you, or sell you into slavery. The white man is a facilitator and manipulator of African greed and tribal competition. But Africans are their own principal worst enemies. It is Lungu who schemed to kill HH, it’s the Hutus who killed over a million Tutsis, and the Zulus who killed tens of thousands of Africans in the Mfecane.
It will shocking the State wins this case. The evidence for the insults is non-existent and the performance of the Prosecutors was appalling. This is embarrassing to the Zambian Nation. This Treason case will taint the image and Reputation of our country.
What evidence? Do not be entertained by LT fake “verbatim” the author chose the embarrassing parts of the witnesses. The fact that the judge has put HH on defence means there is a case. See also, the state has chosen to provide written submission of their evidence and defence has elected to remain silent! This should worry all those who support and feel for HH.
It’s already made us a laughing stock across the globe! A poor country engrossed in poorly motivated issues. You did not need to throw HH to prove to him the powers of the State. He just needed a strong leader to cut him to size. Unfortunately, he has no March.
wait and see
Am happy the state has not lost focus which is keep him (HH) behind bars.
All that show off by HH lawyers is utter rubbish because at the end of the day their man is still held answerable.
Mean while this weekend he will be saying ‘inde bwana’ to the same officers he insulted.
Zambia is happy with outcome so far.
Munone, you sound like you are part and parcel of this charlatan of governance.
A little common sense may prove helpful in everything we do
…Huyo Hayenda…
Data was lucky
Wish HH well as this case proceeds. I have a glimpse into the incaceration of treason convicts from the imprisonment of the Shamwana’s, Musakanya and co when I once visited Mukobeko with others with special permission through the church. Just stepping into the grounds of Mukobeko through two or three gates with heavily armed security on top of the fence is hair raising enough to make you think twice about coming into conflict with the law.
HH will likely be fined not jailed because of the unprofessional behaviour of the police during his arrest (PROVOCATION) as noted by the magistrate. The sad part for him is that he will have a criminal conviction, thereby disqualifying him from 2021 elections
Danielle, voting in 2021 will be based on removal of PF and anyone standing on UPND will win. 2021 election will be like Chiluba vs KK.
…that’s the reality, danielle. If hh had practiced humility and respect, he wouldn’t have pulled off that dumb stunt.
@ichalo: who is removing PF in 2021?? You and the 3 bantustans?? Which part of the country is going to do a 360 and vote for insulting tribalists??? You must be halucinating because come 2021, DUNUNA AGAIN!!!!!!!!!
Wait till Monday then its thrown out by this magistrate…then Treason date set for August -September by the High Court…meanwhile you are rotting in Jail.
It is a well known fact that HH will step foot in Mukobeko maximum prison at least as minimum.
Power versus tax pair= charismatic Wins.
Rule of law I can’t find you.
@14. The Real Quest,
Well spoken. Good quote with a lot of depth in meaning. As a matter of fact, it applies to how we respond to everyday life, even how we respond to some of the comments on this blog.
The headline is misleading, HH has not been found guilty! The court merely invited him to respond to the malicious allegations levelled against him and to expose the state prosecutors and witnesses that these allegations are fake and mischievous. HH has merely exercised his constitutional right to remain silent. The judgment on Monday will merely focus on the authenticity of these allegations. There is therefore, to the doomsayers, no guilty verdict on HH.
people you need to understand one thing. silence implies acceptance. he is not doing himself any favor by keeping quiet. he needs to speak and defend himself. or he will definitely be found guilty. again, his lawyers are leading the lamb to the slaughter. they do not have love for this poor man. none at all. if they did, they would have taken time to explain to him what his silence implies. shame, such a poor shame
Its all propaganda.The Judge did not find HH with a case to answer. The State Witnesses were not credible all. The Defence Team 6-0
It does not auger well to remain silent and decline to call defence witnesses. What it says is that one has a lot to hide because you feared your eitnesses will be grilled like the prosecution witnesses. The magistrate then takes the view that the accused has a lot to hide. Typical donkeys of a defence, tge same characteristics as the petition lawyers. Silence is no defence you donkeys, its incriminating.
Ludicrous searching hard to find a case when clearly there is no case
HH is the next president all this nosense they are doing to him is to make him popular world wide
HH will never rule. He has lost so many times ! Its now time for GBM to try to go for the Presidency !
Whait is HH political and economic agenda anyway since he seems to be agonising to fulfill an imaginary entitlement to the Presdency? Let him be reminded that the Presidency is not like a silver spoon in ones mouth at birth, but formented through thoughtful, visionary intellectual discourse the embodiment of which are the entire nations needs and wants. Not through KANGAROO tactics of villyifing a constitutionally elected sitting President and conniving to mortally injure him or cause his death by plotting with amateurs to box his motarcade, That in itself is a treasonable offense. Add to that the perennual littany of insults and inciting people and your cohorts initiate a civil revolt…….ha ha
I 100% agree with Mushota!!
If HH will go scort free in this Mongu saga then I will never vote for PF in my life!!
Atleast HH’s treason case should be heard in the High Court.i look at the video daily from Mongu which Prime TV televised.its hell.SURELY HOW CAN HH BE FREED AT MAGISTRATE LEVEL?
Already we are very upset with the fact that PF Govnt is protecting Keith Mukata who killed a security guard at his law firm last Friday.they now want to add HH to that list?SO JAIL IS ONLY FOR THE POOR?I NEVER VOTED FOR THAT NONSENSE!!!
JUSTICE MUST ALWAYS PREVAIL!!!
LET HH’S TREASON CASE GO TO HIGH COURT PLEASE BECAUSE ITS ONLY A HIGH COURT JUDGE WHO CAN FREE OR CONVICT HH-PERIOD!!!
You still crying about that traffic offense charge, you didn’t hear about the nolle prosciutto? OK this state weakness has been mweembadicapited by this young learned honorable fellow , but does he know who he will be facing tomorrow when he steps in that dock for the treason case, mmmmh! Let me remind him, he was once minister of legal affairs,former MP, once represented treason accused under a highly brutal, skillful and secretive kk regime, he is honorable Vincent Malambo, this OP musamba chime guy will be mummified for good, mark my words.
Which sane magistrate or judge can convict a suspect on false testimony? The witnesses have confessed to lying and have apologised. It doesnt end there. It means the testimomy is unreliable. They may be jailed and HH will walk free on this case.
Guys take if note this same state weakness guy Musamba Chime in insult cases will be the same state weakness in treason case. Am enjoying the court verbatim on Zambian watchdog and Zambian eagle.
I have told you that Lungu is the worse president zambia has ever know since 1991 and he will go in Zambian history like idi Amin; he is a hypocrite together with his so called christians for Lungu; release HH without delay.
Somehow nice clothes don’t seem to fit well on the women in this picture. Why is it so, too much pride and hatred?
its the hairdo, it will either make or break your outfit.
The defence did not call any witnesses because one of them was most probably his wife. Imagine the embarrassment if that witness being grilled by the prosecution. Eirse it could turn out that she eas one of the insulters.
Anyway, no defence means that you insulted. A magustrate cannot conclude any other way if you deny but offer no defence, it negates everything that you denied.
Any normal person could have used insulting language going by the way those police officers raided HH’s residence. No wonder HH’s wife said “soon we will have no Zambia to talk about” if this nonsense continues.
@Mushota how do you wish someone a death sentence because not even God issued a death sentence to the devil for disobeying him. Whether you like it or not HH is a free and innocent man and shall win his case with both regional and international support. He will one day and soon rule Zambia
Bowman, it’s not for man to decide if HH will one day rule this nation. You will be surprised that for all HH’s efforts, Garry Nkombo becomes the next president after the chosen ECL in 2026. What happened to my hero Mazoka will always be the best example to refer to.
state prosecutors lol these chaps are just dull
JESUS ONCE SAID, ‘YOU HAVE EYES, YET YOU CANNOT SEE, YOU HAVE EARS, YET YOU DO NOT HEAR”. ACCORDING TO WHAT CAME OUT YESTERDAY, THE ARRESTING OFFICER WAS NOT THERE AT HH’S HOUSE, HOW DID HE GET INSULTED? SECONDLY, I HEAR HH WAS NOWHERE TO BE SEEN UNTIL THE FOLLOWING MORNING WHEN HIS LAWYERS CAME, SO AT WHAT TIME DID HE INSULT THE POLICE? THIRDLY, EVEN IF HE DID, WHO AMONG US WOULD BE TREATED THE WAY THE POLICE TREATED HH & REMAIN QUIET? THEY POLICE SHOULD AT LEAST THINK BEYOND THEIR STOMACH & REALIZE THEY PUSHED THE GUY TO THE LIMIT. LAST MONTH, A LADY WAS ACQUITTED OF MURDER DUE TO EXTREMES BY LATE HUBBY
If this fails then Kanganja will be fired . He effected the arrests and therefore he must prove these cases.
Article 179 of the penal code states “Every person who uses insulting language or otherwise conducts
himself in a manner likely to give such provocation to any person as to
cause such person to break the public peace or to commit any offence
against the person, is liable to imprisonment for three months or to a fine
not exceeding four hundred and fifty penalty units or to both.”
(No. 15 of 1938 and Act No. 13 of 1994)
I am sure Upnd cohorts will not be happy with your quote. Lest they under rate the seriousness of this charge let them know that last week a woman in the USA was jailed for thirty months simply for laughing during the swearing in of the Attorney General. Don’t think this don’t happen in so called developed countries.
@JAY JAY LOW – what was written on LT was just part of what was said in court. Read yesterday’s daily mail. The witness who said he was not there, yes he was not there the previous day (night) when HH was hiding in the banker but he was there when arresting HH the next morning. The police were insulted at that time when HH imaged from the banker while being arrested right in front of all HH’s lawyers, Musipe was even helping HH, she even wanted to start a fight with one of the police officers. HH was treated like that because he did not co-operate with the police.
HH has been found with a case and you just wait for the next step.