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HH’s treason case adjourned to Wednesday after Magistrates called in sick

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

The case in which opposition leader Hakainde Hichilema is charged with Treason has been adjourned to Wednesday for ruling.

The matter had come up for Judgement to determine whether the matter should be referred to the High Court as per commital certificate issued by the Director of Public Prosecutions(DPP) to refer the treason case to the High Court.

The matter was adjourned to Wednesday 24th May 2017 as Magistrate David Simusamba was reportedly unwell but would report for work on Wednesday.

Mr. Hichilema and the other five accused persons appeared briefly before Magistrate Malipenga.

Mr. Hichilema and the other accused persons remain remanded in custody.

116 COMMENTS

    • Im not surprised at all. The Judge/Magistrate has had enough time to make a judgement on this case. Anyway, we know such tricks of the streets.

    • This is good news on sending HH back to jail, and off course very bad for this servant of the people.
      I hope HH is not practicing juju on the magistrate.

    • @1.6 that’s what the sick note says. Do you have a problem with that. Having said that I wish there’s a way of letting HH free. Having a relative in prison has taught me how bad it feels

    • He is calling a sickey whilst you are rotting in Jail for nothing…Wednesday he will adjourn to Monday. Imagine if you were just a common Joe Public you case would heard once a month end spending 12 months if jail

    • That son of a bitch shall be thrown to hungry lions. How can he be a magistrate not reporting for work, since he knows justice delayed is justice denied?
      He is a lazy, corrupt ***** insane bastard, even if he was genuinely sick, even if dying, he should have come to court and delivered his judgment.
      No excuse, not even death of his wife, his parents, his children and President Lungu can justify him not delivering his judgment.
      Just to give him and all lazy uncaring judges, civil servants and politicians a piece of my mind, you are paid and are lucky to have a job. Have a concern for fellow citizens and feel the pain of 6 people suffering behind bars for 42 days and hundreds of their family members. Consider how many productive manhours are lost on this useless, senseless and…

    • HH has been charged and is appearing in court as a suspect who wanted to unsurp executive power illegally.
      Calling on the international community to help secure hh release would have made sense if he was detained without charge.
      In this case let here the evidence at trial in the high Court and if the state fails to prove it’s case, hh will be acquitted and if hes found guilty will accordingly be punished.

      Its the law and not PF or Edgar Lungu.

    • Zambia judiciary, so this guy can adjourn the case even after his hangover and that goes without any implication for him?

      Hmmm, I do not want to pre-judge him, but I hope on Wednesday he will have the guts to tell the nation the news we are all expecting that there is no treason case here. Period.

      No further comment.

    • HE DECIDED TO FALL SICK AFTER CONSULTING HIS APPOINTING AUTHORITIES, AFTER THIS CASE: PROMOTION, A FAT A/C AND PARTY VESTS.

    • Sick but will report for work on Wednesday?
      How can you know that you will be well if you have not feigned the illness yourself or someone else on your behalf? It sounds like the case where the debt collector comes and your dad says, ‘Tell him that I am not here but will be back on Wednesday.’

    • @ 1.6 Peter Njobvu,

      What happens when you go to the clinic for an illness is that the doctors may, depending on the sickness, give you some days off work.

      So it it okay for you to ask, since you didn’t know.

      What is surprising however is how come you did not know how someone may know when to report back after sick leave.

      Should all think appear cobfusing sure?

    • Just gimmicks to lengthen period of punishment and nurture grounds for retribution to root deeper in the minds of the incarcerated should tables turn as Zambia tries to forge ahead! When will this vicious cycle ever be corrected?

    • The tribe, clan and his family shall be ashamed of such a useless sell-out magistrate.
      Even if he was on death bed, he should have gone to the court or called lawyers from both side to his death bed and given the judgment
      It is a shame that Zambians are not speaking their mind, not standing up to face the atrocious illegally installed politicians ( I am not for PF or UPND, but on principle, no police, no politician, no judge shall be able to arrest, put behind any Zambian without a solid ground, not based on personal bias and waxing his power to fix opposition and self-made Zambians)
      Shame on the parents of the illegal magistrate. Shame on the Chief from where be comes from. Shame on his children whose father is a kaponya.

  1. Court process, adjournment after adjournment. Kindly release him from custody. He has not commited a treasonable offence. This case is highly political. Release him mwebantu mwe.

    • Really? You must be very dull. HH and his group are actually lucky to be alive because the incidence in Mongu would have escalated resulting in the deaths of those dull UPND cadres. You equally dull GBM knows that he misled HH hence his disapperance form the country.

    • @shu shu shu! Tell us what offense HH committed iwee PF cadre. Do you understand what treason is, iwee kolwe.

    • Why can’t we patiently wait and hear the evidence at trial to prove his innocence or guilt?
      Govt is not stupid to slap a charge of treason on HH. ..it’s a serious charge and I don’t think upnd posed any polical threats for PF govt to deliberately slap hh with treason for no good reason.
      So let the trial begin and let have the evidence tested in court and thereafter judgement… Finshi muletina?

    • chakolwa in control of the judiciary. simusamba, go to state house and plan again on 12th June adjournment as u did last week,

    • Free who and why?
      He’s a criminal suspect and not a political prisoner who has been charged accordingly.
      Let his case go to trial and I hope the prosecution has cogent evidence to prove their case
      HH will only be free if court proves him innocent or after doing his time if found guilty.

  2. We keep on monitoring everything.Soon all Zambians will see what is coming next.We shall not accept any adjournments by June.

    • i thought you said if they dont hear the petition by november last year then zambia will see whats coming.Now you’re saying come june then zambia will have another thing coming. hiding behind a keyboard and issuing hopeless threats…lol,have you ever thought of joining the comedy club at the playhouse…you would suite well there with your useless threats!!

  3. Psalm 82: 1-8: vs 4 ‘rescue the weak and the needy deliver them from the hands of the wicked’. Whether it is ECL or HH who was doing this to any other, I would still go before my God and plead this case before him. May God bless our leaders both in the opposition and ruling party not to be used by the enemy for his plans. I pray for humility on both sides of the parties. this is not a matter of who is ‘clever’ but rather who is will choose to follow the voice of God. May God indeed walk in our camp today. we speak against violence and jealousy in Jesus name.

  4. Everything in this matter is irrelevant to an ordinary Zambian. The Accused, the Accusers, the case itself and the proceedings. Nothing will benefit Zambians. The FTJ, Levy, RB and Edgar. Fight to be president and you will join the list of ……………………….?

    • You are one in a million sir/madam.this fight between ECL and HH is not benefitting anyone.And people here are busy arguing over 2 wealthy men with very high self esteems and egos.Let them sort each other out..we are tired of both them,they think zambia is there own yet we put them both in those powerful positions.Let’s face it both HH and ECL are who they are today (Politically) because of us the people who believe in them.Let them grow up and politic like matures!!

  5. Would report for work on Wednesday or the case has been allocated to another Judge Betty fimofimo. This judge is dead scared because the only ruling would be no Prima Casie case will be found more especially that no investigations were done and the harphazrd manner this whole gibberish was conducted. To make the matters worse, the cops lied on orth in court and they are witnesses at the same time. Release HH the echo is so defeaning,no judge worth his salt would send such a louse case to the high court.

  6. Next we shall hear that this Simusamba PF i.diot is in UTH. We all know that there is no case here that is why this Magistrate is dilly dallying. He just wants to keep his face. Whether you like it or not you will have to free HH no monkey tricks here. How can this same Magistrate be indisposed today when not very long ago he was displaying a PF symbol.

    • How can he be PF when all along he’s been ruling in favour of HH. He’s human unless you believe that judges don’t fall sick.

    • Ndanje stop showing your ignorance in public, the judge who made the ruling on the insult case is judge malumani and not simugeza who has fallen sick after realizing that the international community has started laughing and questioning how a judge who has passed through law school would even waste time on a baseless case.

  7. @5 all Zambians shall see by June are you what u are talking about? That’s a joke mwana.we don’t know hh.nothing gonna happen

  8. corrupt magistrates.he has already been hired and threatened by Chakolwa Kadansa Kamwendo Lungu…

    • YOU HAVE A FILTHY MIND. PLEASE LET US BLOG SENSE AND DO NOT SHOW HOW VULGAR YOU ARE. JUST GOES TO SHOW YOUR EDUCATION LEVEL AND UNCIVILISATION SAD AND DISGUSTING.

  9. Please forgive him if he has repented, treason care should be charged on godfridah and bushiri for misleading the people of Zambia

  10. The judge is not delaying the judgement except that he is feeling sorry to send hh early to Mukobeko. If he is innocent, delay his release?

  11. THE LEGAL SYSTEM ALSO IS NOT HELPFUL IN ZAMBIA. HH INSULTED THE POLICE AND HE IS FOUND TO BE INNOCENT. AND AS CAN BE SEEN IN THIS TREASON, HH WILL BEFOUND INNOCENT. NOW WHAT ARE WE TEACHING THE CHILDREN? THAT IT IS OK TO INSULT AS LONG AS YOU HAVE A “GOOD” LAWYER TO EXPLAIN AWAY THE INSULT WHILE YOU REMAIN QUIET. THAT IT IS OK TO OBSTRUCT OR BLOCK ORESIDENTIAL MOTORCADE WHILE CALLING THE HEAD OF STATE , A DOG. AND NOTHING WILL HAPPEN TO YOU. IF HH DID NOTHING, THEN EXPLAIN TO US WHAT HE DID IN MONGU. NO WONDER PEOPLE END UP TAKING THE LAW IN THEIR OEN HANDS. THE OTHER. HIDDEN LESSON FOR THE POLICE IS THAT PLEASE “TAKE CHARGE” RIGHT THERE WHERE THE CRIME IS COMMITTED. “ACT” RIGHT THERE. GOING TO COURT DOES NOT YIELD ANYTHING. AND YOU YOURSELVES DO NOT KNOW HOW TO HANDLE YOURSELVES…

    • No evidence that he insulted except fabrications under oath. If I was visited in a similar manner, I would have done worse. Defecating and urinating in someone’s yard is very serious provocation.

    • But the Zambia police are thieves as they stole FOOD and DRINKS as they broke the house of HH, next PF government will be sued for illegally breaking into HH house without warrant. Remember not all judges have been bribed and justice will prevail.

  12. @akanyonga indimi. You are wrong to say everything in this case is irrelevant to ordinary Zambians. Firstly, govt is using govt funds to run the case and keep accused in prison where electricity, water, prison officers and ZP are paid, salary for the magistrate and prosecutors when all this would have gone to provide more water, toilets, medicines, roads, education, employment creation, houses for prison warders and policemen, paying retirees etc etc. This case also affects productivity in the country for example people are discussing this issue including me typing here instead of doing productive work to increase the country’s GDP. The loss to the nation is great and govt should try to avoid bringing up issues which do not help in improving the lives of ordinary Zambians. Look at South…

    • Notwithstanding the cost of the heavy security presence at court and the effect of other cases pending at the Magistrates court

  13. Look at South Africa where people are allowed to protest on the streets for removal of Zuma without any arrests. So what is the focus of this country, economic development?

  14. release him its been long since he entered the custody…..but let the peace continue in the country!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  15. According to UPNDonkeys all magistrates and judges are hired PF cadres, except Magistrate Malumani who acquitted the chief donkey after it (sorry, I meant he) was found with a case to answer for insulting police. And the Concourt judge president Chibomba who attempted to do some impossible abracadabra by attempting to multiply 14 days by 2.
    Kikikiki……baasa mulibuti, donkeys?

  16. Magistrate Simusamba has no powers to release HH especially with the fact that the DPP has already issued a certificate of committal to High Court,ask any lawyer.unless the DPP issues new intructions on this matter.but if not,then magistrate Simusamba will 100% commit HH to High Court on Wednesday or any other day.its only the High Court Judge who will free HH.
    ANYWAY WISH HH WELL!!!GOD BLESS ZAMBIA!!

  17. HH will be committed to the High court. No question about that.

    Secondly HH will be found guilty with treason.

    If the state prosecutor fails to convict him, I would suggest that he/she be fired with immediate effect.

    This case is simple and straight forward. He is guilty!

  18. These adjournments are not new in our justice system. An ordinary Zambian goes through this circus daily, and no one stands up for him. If the richest man in the land can suffer like this, what chance does a poor man stand? None.

    Advice to HH: Once free, it should be his avowed duty to speak for the voiceless who rot in jail due to delayed (and denied) justice, having experienced it first hand himself. It will be a huge disappointment if he merely switches back to a self-serving agenda and ignore this sacred duty.
    Time will tell.

    • @25 Chalo you’re right. People should visit courts to see how poor remandees suffer with these adjournments. I see this at the Kitwe high and magistrate courts. It’s very inhuman and instead of fighting for HH only we should advocate for quick disposal of cases.

  19. Whoever is still wondering as to why leading members of the PF are firmly grounded in their belief of tribal bigotry as the best form of political thought, is failing to appreciate the fact that this is an age-old incurable disease of the Bemba/Nyanja political tradition.
    Even though the PF tribal bigots do not need a soothsayer to tell them that their actions have been detrimental to their political fortunes as evidenced by the electoral results and subsequent rigging of the recent polls, the unrepentant tribal bigots remain resolute in their belief in the backward political philosophy.
    How about the long loathsome record of the likes of Chishimba, Mumbi-Phiri etc abandoning their morals and forfeiting the safety of vulnerable Northerners covering up, ignoring, or denying extensive…

  20. …. evidence of tribalistic behaviour and slander of Tongas. Same thing. Tribe first. Morals second. We identify ourselves as members of all sorts of tribes; our families, political parties, race, gender, social organizations. We even identify tribally just based on where we live e.g. New Kasama.
    Tribalism is pervasive, and it controls a lot of our behavior, readily overriding reason. Think of the inhuman things we do in the name of tribal unity. Wars are essentially, and often quite specifically, tribalism. Genocides are tribalism – wipe out the other group to keep our group safe – taken to madness. Mushota is a very classic example of how tribal bigotry can blind one from reality, it’s a sickness in the head!

  21. @Mweemba Maimbolwa Mushala, due you really believe the vote was stolen? I doubt it.

    Remember we had multiple polls, and all votes showed a similar pattern in the results. Unless you’re suggesting that the theft was wholesale and ranged from the Councillor to the Presidential vote. No rigging machinery can possibly be so big as to swoop across the whole spectrum, right before the very watch of alert polling agents.

    Don’t take the rigging story seriously, especially that UPND threatened to reject the election result if it did not favour them … long before election day.

  22. Ba LT you should put some Smileys on this blog. Because most of the postings here are full of comedy. Instead of typing words most of us will simply be using those icons. BTW we need a serious blog for serious and smart bloggers. It feels stupid commenting seriously on this blog! Am sorry guys, but we need serious debates where we’ll all be able to discuss to call a spade a spade and acknowledge where it’s fitting regardless of our political affiliations!

  23. @29 John, different in what manner?

    You mean President went to Lungu, MP UPND, and Councillor elsewhere?

    For all I know, Kanyama was always going to be tight but was nonetheless to be won by one side.

  24. Okay, if donkey number one in UPND did nothing wrong as insinuated by other donkeys, why is donkey number 2 of UPND gone in hiding? You see, these donkeys have been lying that they can provide leadership in Zambia, but where are they when their so called leader is in hot soup?

    • Since donkey 1 and donkey 2 were together in Limulunga, why were they not arrested together? Is it because donkey 2 is related to Paramount Chief Chitimukulu? Who by his own admission in a recent blog was aided by ECL during the Sata saga. This administration seriously has to convince those that are above pettiness, tribalism and cadreism!

  25. Too many unnecessary adjournments in Zambia. Most of it is due to incompetence, a lack of respect for procedure and unappreciative of the need for speedy justice – especially where ones liberty has been suspended. This particular case may even be due to the hanging political cloud and ascertaining who is going to take responsibility for a case that doesn’t exist when it goes to the high court.
    For those wishing that the adjournments continue, I can only surmise that you are part of the heartless cohort and do not have an aorta of any sense of what it means to be detained for a long time without trial – not to mention the inhumane physical conditions in which one has to exist. Shame on you. There many in similar circumstances in Zambian prisons. Will you only wake up when its your…

  26. I just hope after the case is discontinued (it will be one way or the other-believe that) HH will sue the state for $6bn for false imprisonment, trauma, anguish, exposure to inhuman treatment, criminal libel and malicious property damage and theft.

  27. The Magistrate was drunk over the weekend. This is Zambia we are writing about. It is not political at all but a case of the devil’s Nectar.

  28. Magistrate Simusamba will die very soon if he is not very careful. He can easily commit suicide for being a PF Fooool

  29. Someone will have to go through this Same process when his time comes….Sometime back We had ‘KK’ was untouchable, Chiluba was a star , nyama soya was a big buyer….Today its HH tomorrow it may just be you.. After all No one calls themselves FREEDOM FIGHTERS if they never went thru jail.. We love you AND WILL CONTINUE PRAYING FOR YOU HH..

  30. I understand the magistrate is having a running tummy, I don’t blame him…it is hard for him to do the right thing and still be in good books with “you-know-who”.

  31. Banana Republic way of conducting judicial proceedings. Don’t be surprised if the magistrate decides to go on vacation; I hear the Bahamas are an ideal vacation spot this time of year.

  32. That police officer has evidence of the treason case,so dont take HH case lightly otherwise you be shocked when recording of the same is brought before the court

  33. Magistrate Simusamba has chickened out of the case and has recused himself. Can Betty Malipenga make a Judgment with the Certificate to commit the case for Trial in the High Court? The State has pleaded a Nolle Prosque on the Motorcade Charge so is the DPP Certificate dealing with this charge or not? Surely the DPP Certificate should exclude the Motorcade Charge. There is so much confusion and Lungu is failing as usual to provide leadership in such crisis. This is not for the fainted heartened or for criminals like KZ. U need strategic thinkers and not thugs and criminals who just want to protect their stolen wealth.

  34. What happens when the Magistrate dies from natural causes before wednesday? We start over again right?
    Oh, first declare national mourning for one week.
    Appoint Commission to select new magistrate and investigate cause of magistrate’s suspicious death. (one Year).
    Who reviews the commission’s findings? (one year).
    Retrial and another mistrial up to supreme court for Ireen Mambilima. (one year).
    When is next election? One more move? No enough.
    Hmmmm….Just-ice-it.

  35. Respect the rule of law you bloggers. Let the judiciary’s independent. No one is above the law. Do not intimidate this arm of Government.

  36. AM VERY ASHAMED TO BE A ZAMBIAN IN THE MIDST OF SUCH IGNORANT AND HATE AMONG ITS PEOPLE .MOST OF THE PEOPLE SUPPORTING H.H IMPRISONMENT ARE USELESS FOOLS NOT FIT TO BE CALLED ZAMBIANS .WHERE ON EARTH DID WE GET THESE UNCHRISTIAN ROTTEN HEADS .? GOD FORBIDS TO HAVE SUCH IMMATURE FOOLS WHO CANT SEE GOOD AND BAD. SUCH PEOPLE IN OUR COMMUNITIES ARE THE CAUSERS OF THESE HIGH ELECTRICITY TARIFFS BECAUSE OF THEIR BLIND LOYALTY AND DOCILITY.
    GOD WILL BY DECEMBER WE SHALL HAVE A NEW GOVERNMENT IN ZAMBIA AND THE LAWS WHICH IMPRISONING INNOCENT PEOPLE WILL CHANGE THE POLICE AND ARMY WILL BE RETIRED ON PUBLIC INTEREST AND THESE PF LEADERS WILL BE PROSECUTED .

  37. GOD WILLING BY DECEMBER 2017 WE SHALL HAVE A NEW GOVERNMENT IN ZAMBIA AND THE LAWS WHICH ARE IMPRISONING INNOCENT PEOPLE WILL CHANGE THE POLICE AND ARMY WILL BE RETIRED ON PUBLIC INTEREST AS THEY HAVE LET DOWN THE PEOPLE IN THIS COUNTRY. AND THESE PF LEADERS WILL BE PROSECUTED UNDER INTERNATIONAL LAWS.OUR OLD PRISONS WILL BE BROKEN DOWN AND NEW HUMAN ONES WILL BE BE BUILT AND THERE WILL BE FREEDOM OF EVERY ONE ,THE POST WILL COME BACK AND PEOPLE WILL BE ALLOWED TO HOLD PROTEST AS THEY WANT AS LONG AS THEY DON’T CAUSE VIOLENCE OR DAMAGING PUBLIC PROPERTIES .DON’T DESPAIR MY PEOPLE A NEWS ZAMBIA IS COMING WHERE BORROWED MONEY WILL BE USED TO CREATE JOB THROUGH MANUFACTURING ,SCIENCE AND TECHNOLOGY.

  38. @52, that must be utopia you are talking about. Utopia is where donkeys live ……
    . …….kikikikiki

  39. If the Judge releases hh on this straight forward simple treason charge he should charged with treason himself.

  40. Even if President Lungu pooped in his safari suit like Miyanda did in his combat uniform after Gen Chitomfwa squeezed his nuts for dangerous coup plotting, the likes of Mushota will “understand” and claim its normal or worse still clean it up for him. These are strange times we live in because these are the same people who claimed Sata was doing just fine healthwise even if the stinking numbskull was dying right before our very own eyes. On the day Sata died in London’s King Edward VII hospital on Oct 29, 2014 at 11 p.m., Mushota claimed she and her imaginery Scottish boyfriend Nick fimo fimo had just finished having lunch with Sata at 12;30. We knew then she was lying because Sata was already sleeping with the fishes at lunch time! Good riddance 😉

  41. Those doubting the magistrates illnesses should also doubt GBM ‘s sickness. How can a sickness become an emergency at the time the master is arrested?

  42. The God we serve will surely hear our prayers one day and shame the wicked ones in our society. HH is innocent and deserves to be home with his family. Remember we are all equal in the ears of God regardless of our position in society and judgement day is near.

  43. ITS VERY SAD FOR HH NOW, HE’S EVEN FORGOTTEN THE PARTY SYMBOL, NOW ITS HANDS UP FOR THOSE WHO KNOW THE 6TH PRESIDENT OF THE REPUBLIC OF ZAMBIA! MEEEEEE…….SIR MEEEEE…….! ITS TERRIBLE

  44. Tomorrow, IN THE NAME OF JESUS CHRIST, HH WILL BE SET FREE. WELCOME HOME MR HICHILEMA. HH YOU ARE FREE IN THE MIGHTY NAME OF JESUS CHRIST, IT IS WELL WITH YOU. WHAT EVER PLANS THE DEVIL HAS AGAINST YOU, THEY SHALL NOT HAPPEN THEY SHALL NOT TAKE PLACE, AS IT WAS WITH JUDAH SO SHALL IT BE WITH YOU. AMEN

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