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HH acquitted of using insulting language, court condemns police for abusing HH’s human rights

By editor
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UPND President Hakainde Hichilema leaving the court
UPND President Hakainde Hichilema leaving the court

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UPND President Hakainde Hichilema leaving the court
UPND President Hakainde Hichilema leaving the court

Lusaka Magistrate Greenwell Malumani has acquitted opposition leader Hakainde Hichilema on the charge use of insulting language.

Magistrate Malumani said the state witnesses were unreliable and that they arrested Mr Hichilema without doing any investigations.

says state witness Intelligence officer Aubrey Hamweene told the court that he did not know the distance between the police and Mr Hichilema at the time they went to Mr. Hichilema’s house.

He said state witness Hamweene admitted that he did not write any report and that such a submission shows that state witness Hamweene was only brought to testify without evidence.

He said Mr. Hichilema remained silent in court.

In the night of 10th April, 2017, police officers went to Mr. Hichilema’s house and they brutally arrested him the following day.

Magistrate Malumani said there is no pictorial evidence that Mr Hichilema used insulting language and that the submissions by state witnesses who are all police officers, there was no single independent person brought to court as witness.

He said arresting officer Mbita told the court he went to western province for duties and that he never recorded any statement but arrested Mr. Hichilema on all charges without investigations.

Magistrate Malumani says it is within the law that always investigations are done before arresting anyone and that investigations must yield positive results.

Magistrate Malumani said the police have no powers to arrest and later begin doing investigations but that police must investigate and then arrest.

Magistrate Malumani says the arresting officer of HH and his evidence show that they arrested Mr. Hichilema without any investigations but later begun investigations.

Magistrate Malumani says even state advocates found it difficult to defend the case.

He said the law is clear on what constitutes insulting language and that this is supported by many other cases.

Magistrate Malumani says he was referred to various case by the State advocates that insulting language is an offense.

And in trying to defend lies by the State witness, the state advocates submitted that police witnesses must not be taken that they are interested parties but on duty.

Magistrate Malumani says the evidence listed by defense lawyers shows however that there was no insulting language because no police officer was called from Kabwata police station to tell the court that state witnesses reported the matter there.

Magistrate Malumani questioned how can a police officer be a complainant and arresting officer at the same time.

He says this is tantamount to having one being a judge and defense lawyer who wants to argue out his own case or interest.

Magistrate cites that the court cannot convict anyone on hearsay.

Magistrate Malumani says in this case, all the witnesses are police officers and that state witness and arresting officer Mbita did not investigate the alleged treason charge but went ahead to arrest Mr. Hichilema.

“How can the court rely on evidence by arresting officer of HH, Mbita who told lies on oath and later apologized? Magistrate Malumani questioned.

Magistrate Malumani says state witness Mbita told the court that Lawyer Martha Mushipe wanted to beat him but Magistrate Malumani says State witness Mbita is not a credible arresting officer especially that he is the one who arrested Mr Hichilema for treason but without any investigations.

Magistrate Malumani says the law is clear that it is not the duty of police to convict people but take evidence to court which should lead to convictions.

Magistrate Malumani cites that behaviour of police must be condemned because not all those brought to court are criminals but only hated by sadist.

Magistrate Malumani cites justice Lomba that if police can be professional only serious cases must go to court and not crowding prisons.

Magistrate Malumani says arresting officer Mbita has shown how abuse of power is going about in the country as he is the one who arrested Mr Hichilema without doing any investigations.

Magistrate Malumani says the court has no duty to bear witness to state witnesses who fail to avail evidence.

He says due to the state witnesses failure to show any single grain of evidence, police officers failed to show why they arrested Mr Hichilema.

Magistrate Malumani says anyone arrested will be treated as a suspect until proven guilty by the courts of law as enshrined in the Commonwealth regulations.

He said says it is because of such that Mr. Hichilema decided to remain silent he can’t say a thing especially that this is a criminal proceeding.
Magistrate Malumani says the burden is on the state to prove that Mr Hichilema did not commit any offense.

Magistrate Malumani has since acquit Mr. Hichilema of insulting

editor
editorhttp://www.lusakatimes.com

166 COMMENTS

    • IAM ON HUNGER STRIKE

      This is ridiculous, why are we allowing the defense layers to outo the prosecutors

      The judges acquitting HH should be retire in national interest, not now but RIGHT now

      This has spoiled my day, I am disgusted and feel like throwing up

      I Just completed my PhD and would prefer being addressed as Dr. Mushota Chilufya Chimwembe.

      Thanks

      BB2014,2016

    • The Police did NOTHNG wrong.

      HH had no right, I am not even sure he is indigenous Zambian.

      He put the President’s life under threat, and the judge is claiming his rights were infringed?

      You treat a suspected criminal like one.

      If I come on your door at 3am and knock on the door, you will treat me like a suspect and likely shoot me, that is withing your right.

      The Police acted exemplary and treated him as such.

      Condemning the Police is the reason the Force has become compromised.

      RETIRE this judge in National interest NOW

      I am fuming with anger, Nick is trying to calm me down but he can’t I am so UPSET.

      Thanks

      BB2014,2016

    • Very sad day for Africa – All Zambians are sad at the acquittal of this pompous 5 time loser.
      However, PF is a civilized party which has formed government through the ballot. EL will not interfere at all, just has he had never interfered in the arrest.
      What will comfort Zambia is to see treason case over weighing on HH shoulders and be sent to prison atleast for 23yrs.

    • Permanent head Damaged (PhD) Mushota has had a rude awakening! Zambians will not allow tyranny in our beautiful country. We are suing the Government of Lungu for $100 million dollars as HH and UPND. The world is watching and we’ll bring Lungu to his knees.

    • I try translate to Bemba once more…
      Dogis, Madafakas, Asos (DMAs). Now in Bemba its:
      ….
      Judge will change his mind.

    • Werent these nicompoomps told that the police in Zambia is too dull to stand trial. They are the judge and excuter at the same time. In fact all yu PF cadres, listen up. If you come to my house at an awkward hour, you will be very luckyy to get back on a wheel chair for the rest of you life, becasue that is only posible if I drive 12 bullets through your head, spine and legs!!

    • Congratulations Bo HH bashemi ba luna. The Almighty God is answering our prayers and man can or will stand in his way. Mushota, be very, very careful what you wish for because you are now trying to oppose what the Almighty God has put in place for HH. It will not be well with you. You risk being deported from wherever you are….

    • PATHETIC
      THE POLICE AND SO-CALLED PROSECUTORS COULD NOT CONVICT A DRIVER FOUND DRIVING IN THE WRONG DIRECTION IN A ONE WAY STREET!!!
      AND THE MAGISTRATE WAS SO OBVIOUSLY ON THE SIDE OF THE ARCH TRIBALIST hh
      THE HATERS LIKE JAY JAY AND BUCK TEETH .. ARE HAVING A FIELD DAY

    • Well done HH’s defense team and, please look after yourself, Magistrate Malumani. I am loving the findings of the court. The final verdict of the court is long overdue. From the outset, I provided an accurate analysis of the just-ended episode of this circus Lungu oriented trial. I love my brother HH and all those reasonably intelligent Zambians. I will be able to sleep well tonight. Tonight and tomorrow, I will not attend to my post-doctoral studies because I will be celebrating at some of the most expensive and exclusive restaurants in South Africa. I prefer a table for one. I want to give a waiter R5000.00 as a tip on each different day for the next two days. Money is not an object because I am not poor nor a criminal. Money talks, viva brother HH. Babwa bayabeja.

    • If you are a christian and believe Zambia is a Christian nation, then know that God will not allow any injustice in his country. Look at what happened to the once powerful and untouchable FTJ, RB. President Lungu, if you are a HUMBLE CHRISTIAN as you proclaim to be, then know that the injustices that are being committed aganist the so called tribalist and other Innocent citizens under your watch will one day land on your day stop. We are all God’s children.

    • As I have mentioned several times before since this case came up, there was simply no case for HH. Period.
      The idea was to storm HH`s house thinking they will find some material to use against him, that was basically the motive by the police.I wonder if the police had even permission from DPP to storm HH house, otherwise, that is even worse than expected. To be honest, the police had a slim chance with this Insulting Language case, the fact that they failed to prove their case, goes to shows how they will fail with the treason case. Please, release HH on that treason case, there is simply no case. It’s all fabricated to try to suppress the opposition. ITS waste of TAX payers money in order to gain political points by the PF party. RELEASE HH of the treason case. period.

    • PF and it’s police have exhibited the highest level of incompetence for the whole world to see.

    • By the way who is the sadist in this ruling abusing the powers? pf neve mind to answer you are too dull to know.

    • “…………not all those brought to court are criminals but only hated by sadist.” Police lack sense of professionalism and rely heavily on intimidation when making arrests. Confidence in them is further lost by the public when their bungling of cases before courts is exposed! High time police worked at reset to restore their public image and trust!

    • Insu1ting speech should never be criminalized, as it’s part of protected free speech. While insu1ts can be unethical, they should, however, not be classified as criminal offences. People should be free to talk whichever way they want, as long as they’re not threatening someone’s life, or accusing someone falsely. In the latter case, if one feels libeled, they can always sue. Secondly, the real insu1ts come from crooked, corrupt politicians. They insu1t us whenever they loot our national coffers to enrich themselves, with no repercussions. They insu1t us whenever they let corporations take advantage of poor Zambian workers. They insu1t us whenever Zambians die like flies in hospitals for lack of medicine, and because of poor equipment, while they themselves fly out to South Africa, India,…

    • (Continued)… UK etc, for better treatment. Yes, they insu1t us when they let the mines, with impunity, dump toxic waste into our rivers, and release poisonous fumes into the atmosphere, causing lung diseases in our people, and no one holds them accountable. Must I go on? These are the real insu1ts, and these are the people who need to be arrested for selling out our country and our people.

  3. This is the problem of having magistrates who are UPND.

    We have heard that he was given a cow and a goat.

    HH is a thieve and no one will refuse that.

  4. Let him go please. Suppose the state will need to pay him from our taxes now! But the truth is he has been treasonous on numerous times calling on violence.

    • Lungu should go ahead with his treason case so that the whole world can see how malicious, vile and vindictive his dictatorship is. Lungu’s hatred for HH is being exposed in the courts. No PFake nolles. Let the PFascists be exposed.

    • @Patriot Abroad (Mrs Rosemary Nyendwa)
      HH has been treasonous on numerous times calling on violence?? Listen, If you have any evidence of what you are saying, please please pass it on to the State Prosecutors how have none, and are losing case-by-case for lack of evidence. They are desperate, and therefore your withholding such evidence constitutes an offence.

  5. Let him go please. Suppose the state will need to pay him from our taxes now! But the truth is he has been treasonous on numerous times calling on violence.

    • The Catholic Bishops have been vindicated: Zambia is, all but in designation, a dictatorship.

    • @Patriot Abroad (Mrs Rosemary Nyendwa)
      HH has been treasonous on numerous times calling on violence?? Listen, If you have any evidence of what you are saying, please please pass it on to the State Prosecutors how have none, and are losing case-by-case for lack of evidence. They are desperate, and therefore your withholding such evidence constitutes an offence.

  6. Why are we abuse court processes over trumped up charges. There are real criminals out there who should be in court eg Kaizer the Zulu et al. This is so surreal, it’s sickening and stinks to high heaven. I’ve never known ZAmbia at such levels of political ineptitude. So now its over to the treason trial, which will also spectacularly thrown out,. What a bunch of losers.

  7. This was a BID case, wasting government resources, abuse of public office as cited by the judge, deprivation of human rights to an innocent Zambian and repression of Zambians by the PF government using police to brutalise Zambian citizenry.

    • Mbita Mbita i.diot knew that there was no case against HH. He just wanted a quick buck from the government to feed his starving bunch of malnourished children.

  9. Malumani is related to Wallace one of the accused what do you expect, He is trying to help his relative. The best Malumani should have done is to excuse himself knowing his cousin is among the accused…….

    • Lungu controls the whole judiciary. Why would he make such a mistake? Why didn’t the PFascists make a song and dance about the Magistrate all along? Try appealing to the High Court. It is your right!

    • Wallace is from Monze and Malumani is my relative from Mapanza don’t lie.Ba PF you are liers.If you say so then we shall believe that the con court Judges favoured lungu because he was their relative.

  12. I THINK HH TRULLY INSULTED. BUT BECAUSE OUR POLICE ARE ILL EQUIPED FOR COURT CASES, ILLITERATES WHO DO NOT SEEM TO KNOW WHAT THEY ARE DOING. SO THE CLEVER DEFENCE LAWYERS WILL FEAST ON THEM. AND THE INSULTING ELDER OF SDA GOES SCOT FREE.
    IF ANYTHING, THIS IS THE ONLY CASE HH WAS GUILTY OF. THE TREASON STORY WILL GO NO WHERE.

    • I agree with you. He did insult them but the incompetency of our police officers has resulted in his acquittal. As for the treason charge, as you said, its going nowhere. HH didn’t commit any treason. They just lumped that charge on him to keep in prison.

    • You PFascists are now saying what we have been saying for the last one month. As for insulting, HH was too lenient with those PFooIish dogs that spent 14 hours trashing his home, defecating on his bed and stealing his food and vehicles.

    • You don’t have an objective mind. You ain’t even trying to think HH never insulted as there was no such evidence. You are the same people who spreading fake information in support of dictators who are blind sided by your hollow minds. Shame on you!

    • It’s not that the police were “ILL EQUIPPED FOR COURT CASES, ILLITERATES”. It’s what happens when you cook up cases against innocent people. The command came from somewhere, and the poor police were just victim to carry out the directives given.They knew they had nothing but acting on some bwanas commands. It doesn’t require you to have Mushota PHD to understand that from the very first moment it was clear there was no case.
      Yes, you are right Chisenga, this was the only case that your police had a slim chance of implicating HH, now that they failed, please call your bwanas to withdraw the treason case altogether. Or risk being embarrassed even more.

    • Yes, he may have insulted, I will have shot them dead. On my property, I kill. Am disappointed he did not kill them.

    • Chisenga even me I can insult any one in my yard who come without Arest warrant ,search warrant or any other legal document that’s trespass in fact I can shoot the criminal.IN capacity were those intelligence Officers at HH’s house?

    • HH is too decent to insult even under provocation,but the thieves who went to his house deserved worse.Its frightening to imagine a country where a bunch of tribal drunken policemen can just deside which home they should raid in masks.No one is safe from such policing including those who are sending them.

    • Ba Kudos you are just a filth loser, just wait and see how HH is going to drain your coffers by suing the state for wrongful dentention because of your PF’s stu.pidity. The rich getting richer and you poor i.diots getting poorer out of your s.tupidity.

  15. Despite Him being acquitted, the fact is that, He used insulting language, which is very unfortunate for a person aspiring to be a president of this great nation called, Zambia.

    • Who wouldn’t insult a bunch of thugs in balaclavas with machine guns who have spent 14 hours trashing your home, defecating on your bed and stealing your food and vehicles? Even Jesus charged at the Katondo Boys who were trading in the temple. The Magistrate understood the extreme provocation and malice those PFascists had against HH.

    • UPND suppoters should not lower your selves to the levels of PF…..there is no need for such language and attitude.

  17. Anything done with evil intentions as these trumped up cases has been will not succeed, emphasis added on NOT SUCCEED. We are suffocating but let’s not lose hope. As for all you haters, go lick your wounds. Those of us who love justice can now say HH 2; Mumbi Phiri et al., 0.
    Next case please and all you lovers, on your knees and let prayers flow like sweet incense for the redemption of Zambia.

  18. We knew that all those cases were going nowhere. May God look after HH.I feel for him as a fellow human being.

  19. This is another sad day for Zambia. We are in a trance and the economy is tanking and all we debate are matters that should not have seen a day in court. Just look at the costs incurred to ensure the then accused were faced this lame of a case. Whether its a company or battalion of police, dogs but to mention a few had to be mobilised and continue to, on a matter that no competent advocate can prosecute. As I had mentioned in my last post, the DPP as my lecturer once told us that, “prosecution must always come with restraint and only prosecute matters that are truly matters.” Her actions/inactions speak to her those words spoken many years ago.

  20. This is another sad day for Zambia. We are in a trance and the economy is tanking and all we debate are matters that should not have seen a day in court. Just look at the costs incurred to ensure the then accused were faced this lame of a case. Whether its a company or battalion of police, dogs but to mention a few had to be mobilised and continue to, on a matter that no competent advocate can prosecute. As I had mentioned in my last post, the DPP as my lecturer once told us that, “prosecution must always come with restraint and only prosecute matters that are truly matters.” Her actions/inactions speak to her words spoken many years ago.

  21. “Magistrate Malumani cites that behaviour of police must be condemned because not all those brought to court are criminals but only hated by sadist”. Wow! So HH is hated by sadists.

  23. A Defacto Director will be recognised as such and it will be folly for such a director to expend all his time and corporation resources fighting stakeholders who may claim that he is not a De jure director of that corporation. Regardless of whether he is Defacto/Dejure that director must ensure he works to improve the financial health of that corporation from which the benefits will flow to the stakeholders. That Director will be naive to think that when the time of reckoning comes, his fights will count for anything. The case of Zambia Corporation.

  24. The magistrate is courageous. Am however astounded by hatred shown by PF bloggers and sympathizers accusing him of being UPND and hurling insults. Not even One party state was this bad.No one was accused of being ANC or UPP for anything. What we have is blind loyalty to evil.UPND has made mistakes yes,but its not an excuse to break into his house,steal his cars,break windows, spray pepper, steal money, it’s like Congolese “kaboke” utterly lawless. What do you want the magistrate to do?Support a senior police officer lying on oath?

  25. I thought so about this magistrate. HH insulted clean and pure. Bit the police were disorganized with evidence. SO IN PUBLIC WE HAVE CONVICTED HH FOR INSULTING. SO NO CONVICT BECOMES PRESIDENT.

    • So this was your little plan ba Tatwe. The likes of you have hijacked and killed our PF party. What you see today is no where near what PF was. To get back at you, we’ll now support the very one you hate and put him on the throne to fix you! You guys even have the audacity to insult elders now. Ba Musenge tries to caution the party leadership and you take offence? Chindika wiso na noko so that your days may be long! AbashPF!

  26. Lies always arrive first, but the truth no matter how slow it moves is sure to arrive and make the liars look stupid. The dogs may have had their day of laughter and mocking, but a good and long lasting laugh will be the possession of the innocent. Hatred and Jealousy have never made anyone a genius, the two evils have only succeeded in bringing down their stupid masters.

  27. This is proof that it is easier to trump-up criminal charges on a person, but far more difficult to trump-up admissible evidence when there is none. Ask Donald Trump when he falsely accused Obama of wiretapping him.

  28. Magistrate Malumani says even state advocates found it difficult to defend the case:
    This is so emberassing to the state.

  29. PHD for real …. Madam Mushota… In Uk she can tell the different between a magistrate and a judge…Don’t live in utopia , mwana wandi… I doubt your PHD. The case of insulting has failed the test… HH never insulted,,,, period…. The court has ruled….
    Bloggers ,the state lawyers are very disorganized and need proper direction from the DPP..
    There is a gem on the Defence lawyers team…. Note my words..
    This acquittal has nothing to do with the magistrate’s accusation of being bribed or related to the accused . The magistrate is a ZIALE man…
    Watch the Treason case, it is law at work not emotions or morality. My best advice to the state is to enter a nolle…. Ka Mutembo chamber to remove the shame……

  32. HH should sue for damages! If I was him, I would sue for 1.6 billion US dollars for each day served in prison on false charges! The roots of the treason charge have been uprooted so far. It would be interesting to see how a tree would survive without roots. The only sad thing is bad precedent has been set by letting a false witness go unpunished. He should have been locked up for at least a month with hard labor! Thou shall not bear false witness against your neighbor is commandment number 9! Romans 13:9! A false witness who breathes out lies is an abomination to the Creator (Proverbs 6:16-19). AbashPF and its lies and false witnesses!

  34. Mushota what proof do you have to show that you’re an indigenous Zambian yourself? You’re so full of your fake Phd how much did you pay in order to get it? sometimes I really think you have mental problems that if not attended to sooner or later you will start telling us Queen Elizabeth is your maternal grand mother, Prince Harry is your cousin ,I was at the moon two days ago …..kikikikikiki

    • You are right to think that she has a mental problem, even her husband knows that fact, that is why he does not allow her to drive despite having a driving licence

    • Forget about Mushota, it’s clear she doesn’t use her brains but use her “v”. otherwise, there is no other way to explain the calibre of her PHD and thought process.

  35. There is too much madness in the system. The police sevice continues to employ grade 12 failures and expect different results. This is madness. We have too many brain dead cops who are only good at mounting road blocks for checking road tax. We need to start DRAINING THE SWAMP in the police service .

    We need justice for Sgt Mark Choongwa case

    • The police simply need to professional …now when HH a millionaire turns around and sues for loss of earnings, endangering his life and family they will cough up millions.

  36. PF and Lungu were forced to offer a fair judgment as the world was watching and they are hoping for that IMF loan.

    They Still have to prove they have good governance. Arresting opponents on fake charges to shut them up and releasing them hoping to prove good governance won’t work….

  38. Mushota, Munone and your fellow Tatwe, at least for once try to be reasonable. All this shows how shallow minded you are.

  39. Well done at least this judge has demonstrated that the judiciary is independent in Zambia, nobody is above the law.

  40. I do not understand this….HH is found with a case to answer and then he is acquitted? What nonsense is this? the fact that he was found with a case to answer, is enough reason to put even a simple sentence….i wonder how educated this judge is? Somebody help me think….the judge must be swimming in a pool of cash from HH….HE WAS FOUND WITH A CASE TO MWEBANTU….next the judge is slamming it on the officers….am going to sleep mweee!!

  41. Politicians must learn to avoid influencing law enforcers to do contrary to their profession. We need credibility in law enforcers who can say no to a no idea and yes to a yes idea. Politicians come and go but law enforcers will still be there when politics change and they will be the ones facing the music after the politicians have used them and gone into so called “retirement”, after losing elections. You need to look a head when executing duties to avoid that which comes without beating drum. Do not say nobody told you when time comes!!!

  42. Anyone who comes to your house in the manner they did to the acquitted deserves stronger insults especially if they come without authority of a warrant!

    • If is only in Zambia where PFoolish thugs come in balaclavas at 21:00 totting machine guns. They ransack your home, pee and sh¡t on your bed, steal money, food and vehicles, gas you repeatedly throughout the night and 14 hours later expect a cordial welcome from you when you stagger out!!!

    • If is only in Zambia where PFooIish thugs come in balaclavas at 21:00 totting machine guns. They ransack your home, pee and sh¡te on your bed, steal money, food and vehicles, gas you repeatedly throughout the night and 14 hours later expect a cordial welcome from you when you stagger out!!!

  43. Two things to quickly observe here:
    1. The UPND chaps are now glorifying the judiciary when it suits them but when he is convicted of treason case see how these donkeys will cry
    2. It appears the UPND donkeys dont learn lessons, they talk more than being real. The real case is here is treason and will be handled by competent prosecutors.

    • Iwe @Malinso, we are not all UPND, and at the same time, there is no case here. What treason case are you talking about, do you even know the definition of treason? Ata

      BTW, some of the comments above are coming from PF members, those who are capable of thinking and not politically brainwashed like you.

  44. Ndelolesha Fye… If don’t law or court procedures, ask Tutwa Ngulube for legal advice…. pro bono….it is nonsense to you not to lawyers. Remember President Chiluba was found with a case to answer but later acquitted….. Read law ….
    There is a gem on the defence lawyers team… Watch the drama…..
    To ask is better than vet your anger . If you are short temper , never become a lawyer or handle your own case. Better engage a lawyer…..

  45. HH was found with a cased to answer and placed on his defense by Judge Malumani…now he has been acquitted….can somebody explain this to me. Am completely lost about the whole issue. Please help me understand the jigsaw puzzle…

  47. Please robmwlae advice me which law books i should go and buy so that am not left out to the court procedures…….ask and you never go wrong i believe

  48. We have always said that politically motivated prosecutions based on hatred and vindictiveness will not solve anything but further divide the already divided nation. Lungu is a lawyer who should know better. As learned lawyer so he claims, he should have known right from the outset that this will not go anywhere. Why does he hate HH so much? Sata and mwanawasa reconciled and we all saw what happened. He is running from the misery that he has put people into through his maladministration. Shame.

  49. To me I just think it is rather late to release this man , he has suffered so much in that incarceration I just pity him my desire is to see him out of that bad place.
    If I had power I would have pardoned him he doesn’t deserve to be in that place , HH was just playing games with his friend but unfortunately things went bad .
    Bembas say kolwe ashila bengwa enda na fyonona , now he has learnt a lesson let him be set free,

  50. Who ever was behind this noticed that the international community has started getting interested in Zambia.First it was the disputated elections,then the closure of the post media,then the treason charges.This escalation is indicating a certain trend that has probably resulted in high profile phone calls to the statehouse from obviously the donors.Not forgetting the yet to materialize IMF deal.So I believe all those pawns who used in this schemes have now being abandoned.

  52. IT WOULD BE ONLY FAIR TO LEAVE PROFESSIONALS TO DO THEIR JOB WITHOUT UNDUE PRESSURE FROM THE PUBLIC. SOME PEOPLE ARE ABLE TO SEE SOMETHING WRONG IN THIS JUDGE, YET THE SAME PEOPLE PRETEND TO SEE NOTHING WRONG WITH A JUDGE ISSUING A RESTRAINING ORDER ON A DAY THAT IS NOT A WORKING DAY. LETS BE TRUE EVEN TO OURSELVES

  53. atleast he is now breathing chilled air in chimbokaila,fellow presidents in the whole world are saying teach the bagger a lesson nxt will be another 3 weeks adjournement so that they gather enough data not with circus we saw in majerstrite apa elo bola yatampa

  54. From the inception of the trial the megistrate has been biased and against the state.

    So it was also a lie that HH was insulting the Constitution court judges? ??

  55. If the judgement went against hh, upnd cadres were going to insult the same magistrate they are praising now. This fair judgement should pump some senses into upnd cadres to accept that our judiciary is free from political interference. Don’t expect everything to go your way all the times. Knowing hh,, iam sure he really insulted but the police has failed to defend the case and hence the aquital. Well done upnd lawyers on this one. Next is the treason defence..! All the best.

    • It’s not about magistrate, it’s about the lack of evidence – cooked up or trumped up case. So do not assume what would have been the reaction in case of opposite judgement.
      Just take it and breath it, and accept it that there was no case. You were just too excited and thought everyone should be corrupt to pass a judgement that will please you.
      Deep down your throat you know it for sure, NO CASE , No CASE, it was just trumped up case.

    • Our Judiciary is compromised. It’s not how straight one is, but how much money one has.

      We have two kinds of laws in Zambia. One for the rich and one for the poor. There thousands of people languishing in Jail and have never ever seen speed trials like HH case and no one is speaking for the vulnerable people languishing in jail.

      People have been in remand prison for 8yrs and some only appears in high Court three times and the year ends.

      It’s sad if you are poor no one will speak for you

  56. First no one should be arrested for ‘using insulting language against the police officers’, that is just archaic and any person who feels offended should go to a civil court in their own individual capacity.

    2nd these are the same arresting officers and witnesses for the other criminal charge of ‘treason’; and the nolle’d traffic incident, so how are they expected to fair in that treason case which requires very high standard of proof? Unless Lungu intervenes of course, otherwise no chance. The witnesses have already been discredited as unreliable witnesses with no credibility, they should just enter another nolle and release this brother.

    3rd I’m just hoping that this ain’t a smoke screen to blind our judgement so that they can try to show to the world that Zambian…

  57. continued…
    3rd I’m just hoping that this ain’t a smoke screen to blind our judgement so that they can try to show to the world that Zambian courts are independent, they can even acquit opposition leaders. But then turn around and convict him for treason. So people keep your eyes fixated on a bigger picture… don’t walk away until the same courts don’t contradict themselves. Lungu and his minions are very cunning. Remember the excitement of the Constitutional Court asking ministers to repay the salaries and we were cerebrating at how independent they were, only to be slapped in the face with the ab0rted Petition by the same judges. Stay focussed people!

    • And how many of those Ministers have repaid their salaries?

      They should all be JAILED for CONTEMPT OF COURT!

  58. We thank the judiciary for always acting professionally without fear or favor. Let the public stop making unnecessary insinuations based on warped prejudices bent on undermining the infallible judicial system.

  59. Am glad he has been acquitted before the same judiciary he has been calling names. I hope his time in cells has been a time to think and realise that he had by law 14 days to petition Lungu’s results which elapsed. The best is for him to self examine and be less bitter about the process.

  60. Now arrest those misguided characters who had arrested him. Let them pay in kind, not in kindness.

  61. if i was HH i can quit politics en concentrate on my business becoz politicians are so useless that they make me look foolish in the end it is not everyone that goes to prison who becomes president,mwanawasa never went to prison but became president and rupiah never went to prison but became president,this is a different environment where we are now civilised vote Sinkamba 2021 and umuntu ni hamududu

  62. You must be the dullest Zambian to ever think such a case would get a conviction. I am PF and we keep making mistakes. When RB lost power, his cry was “we had stopped listening to the people” . I see this cry repeating itself somewhere. Genuine Christians like the catholic bishops and others have advised. Those who want to pretend they know it all will surely perish – do not say I never warned you.

  63. This is what we call “rule of law”.UPND must now learn to respect the Judiciary.its clear that a judgement can be pro or against upnd.
    MAGISTRATE MALUMANI’S JUDGEMENT PRO UPND WILL BACKFIRE ON UPND IN FUTURE SHOULD THEY REJECT ANY PRO PF JUDGEMENT!!!ZAMBIANS WILL BLAME UPND BADLY IF THEY WILL INSULT ANY JUDGE WHO WILL PASS A JUDGEMENT AGAINST UPND AND THEN GET INSULTED BY UPND CADRES!!!
    The police also must learn a big lesson from this to avoid being exposed in future!!

    • the issue is not yet over the game has just begun we are waiting for monday to come for more drama

    • If you see them insult and you will have the evidence, then no one will rise against the judge decision. Period. Be it UPND or PF.

  64. Lungu should be ashamed of himself. After stealing the elections he goes ahead and jail the winner. Lungu will end up badly no evil act can be rewarded by God. He is only digging his own grave God is in control.

    • Juba Jasomo we are well ahead of PF.We know there is no case if PF continues abusing the courts we shall come in with another move to finish them up.we shall fight to win.

  66. Valencia. I agree with you. This marks the end of the Edgar Lungu rule of terror. I loved EL, I dindt know that power could corrupt my President. Don’t say you were never told. Sad my guy Lungu is surrounded by men with little brains. Kaizer Zulu and Amos Chanda. Judgement day is coming President Lungu. look, even zuma is laughing at you my President. What a shame, what a country.

  67. Valencia. I agree with you. This marks the end of the Edgar Lungu rule of terror. I loved EL, I dindt know that power could corrupt my President. Don’t say you were never told. Sad my guy Lungu is surrounded by men with little brains. Kaizer Zulu and Amos Chanda. Judgement day is coming President Lungu. look, even zuma is laughing at you my President. What a shame, what a country. Cry my beloved Zambia.

  68. It’s neither here or there that this case would warrant any conviction whatever. There are lessons to be learned regardless of the hate or love we may have towards HH and others. The treason case is not there too. 1: when late Mwanawasa was involved in an accident that almost cost his life, there was review of VIP escort and this is why route lining came into play. When there was traditional ceremonies and there are VIPs coming the security of the VIPs under the State House commissioner of Police and will liaising with the provincial commanding about the arrangements of the movements of VIPs. Who will start off first would have been HH and this would have been communicated in advance and the President would have be second as per protocol.
    This arguement will be central to the case and…

  69. There are only two truths in this case. Truth 1 = there is 100% chances that HH insulted the police officers. Knowing HH’s language he did insult. Any sane person would insult police who arrive at home and tear gas your family. I do not think HH came out smiling and thanking the police for breaking his property and tear gassing his family.

    Truth 2 – Arresting officer and all the police witnesses were dull and unprepared. The arresting of HH was an after thought. It was not their original idea. They had no way of proving they were insulted. No recordings, nothing. I doubt if they knew what they were doing.

    • @ Amagenge…. you name tells it all
      There is no such thing as 100% chance for if it is 100%, then it is certain and absolute. It only becomes a chance if there it is less than 100%

  70. KZ insulted POLICE at city airport , he insulted CAF officials HE has insulted innocent motorists please INSULTING LANGUAGE IS NOT A CRIMINAL CASE IN ZAMBIA WE ALREADY HAVE A PRECEDENCE BY KZ then why take HH to such an obvious task , the case should have been failure to give way to presidential motorcade

  71. Praise the Lord! I continue praying for HH and Zambia. My only advice to Police in Zambia and in other countries as a whole is that they should be professional as much as possible. In all three cases, the police is the complainant, witness and arresting organ. Today’s judgement shows that such an arrangement is wrong. HH was neither a driver nor a traffic or commanding officer is the traffic offence. The police or traffic officer in charge for commanding travel arrangements was suppose to be arrested not HH. No wonder prosecuting team had to ran away from embarrassment on this case. In the insulting case, a senior police officer decided to lie under oath without proven evidence. They arrested HH without investigations and without warrant of arrest. Their aim to please someone while…

  72. Until the day we take ourselves seriously as Zambians and be accountable for our actions, we are going nowhere. really sad, what a waste and drain on emotions and resources!

  73. Thank you. The government was wrong from day one. HH has to be careful now because these intellectual pygmies are now running scared.

  76. Praise GOD. No weapon fashioned against you will prosper. The only treasonous charge you committed is to have more supporters in Mongu that the president.

  77. Dr Mushota Chimfwembe how can you doubt that HH is an indigenous Zambian? In history the Tonga/Ile were the first people to settle in Zambia. As a PHD holder you should know that.

  78. I don’t really have a comment’ however just a question, is mushota chilufya a human being or a money? Taught to write!

  79. Bravo Malumani! One out of a few members of the three organs of government who have not been sickeningly compromised by a primitive party called PF. In terms of decency, justice and democracy, the PF has sunk the country to the lowest of the low. You have to scrape the barrel to try and find any ounce of humanity in the PF consortium of political masqueraders.

  80. So exactly what are UPNDonkeys celebrating, is it the acquittal for insulting or the independence of the judiciary? Just teasing you donkeys, its one and the same thing.
    Acquittal aside, I am concerned at the extent of the language used by this magistrate, most of it well beyond the boundaries of the case. Even touching on the upcoming treason case actually makes him guilty of contempt of (Magistrate Simusamba’s) court. No one is above the law, not even magistrates. I suggest the prosecution looks into this as they appeal.

  81. Bigups to defences learned team, u ve whitewashed the whole pf starting with ka lungu, Police ending with Simusamba these guys are Dulles on earth

  82. Mushota is just a troll planted to distract conversations.Responding to an Internet troll is a sheer waste of precious time.

  83. This issue of HH’s arrest has been twisted to an extent that its no-longer political but bordering on abuse of human rights! Its like a child or baby, if you like, who is being abused, even those who are not related it join in defending or standing for him. This is very common in Zambia.

  84. @79 terrible, pf should be thanking judge malunani for bringing these cases this far, looking at the incompetence exhibited by pf police when it was first brought court all mixed up as one case(felony and misdemeanor) any no nonsense judge would thrown this at first glance, but the judge had to advise you to separate the cases, this was how the cooked up cookie crumbled, as for judge simusamba he is lost in the wilderness, he needs a serious retreat, do a bit of yoga, refresh his mind, frankly speaking he doesn’t want to touch the treason case, why would he go back to what honorable judge Malumani had already ordered police to do, handover the property stole at CASA DE HH. By the way i urge the HH family not to use the returned property, it is stained.

    • Remember the police and their sponsors stole mazokas car in a similar manner these chaps hatred for tongas come a long way,surprisingly they now all pretend to have loved mazoka.

  85. When the magistrate ruled that HH had a case to answer, even the so-called PhD holders celebrated thinking it is a guilty verdict.
    Who is the fool now? The treason trial if it will take off at all will be more circus with the same lying witnesses.
    It would be the shortest treason trial in history, ever. It will be UNPRECEDENTED to borrow the term from the crooked PF.

  87. This magistrate will be investigated. He found hh with a case to answer…. but how come the equitall. I smell a bribe here. Mulalami is going. Woch the spce.

  88. Iam loving the analysis of the magistrate. Very professional, concise and independent. But I have a question for UPND, Are Zambian courts independent or not, please I need your honest answer.

  89. The Police cannot arrest in order to investigate. They should investigate first b4 arresting a suspect. U cannot be an arresting officer,a Complainant and a Witness at the same time. Even in the Treason Charge u have the same Arresting Officer being a Complainant and a Witness. U can’t have a Judge being a Complainant ,a Witness and a Defence Lawyer. Even the Treason Charge is Null and Void at Law. Lungu should release HH unconditionally and let the Petition heard in Court.

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