The Lusaka Magistrate has adjourned the matter in which opposition leader Hakainde Hichilema is charged with treason.
The matter will now be heard on June 12th 2017 for judicial issues.
The Court, however, threw out the Defence’s request in which they applied for constitutional matters to be be determined by the Court.
In his ruling, Magistrate David Simusamba ruled that this was the exclusive preserve of the High Court regarding the committal certificate.
The Court has however allowed for the Defence to undertake a judicial review on the validity of the DPP’s committal certificate to determine its validity since it was signed by someone else other than the DPP.
The Magistrate stated that in the past, a certificate signed by another person other than the DPP but signed in his/her name was accepted and the practice was established.
Magistrate Simusamba stated that the subordinate court had no jurisdiction to comment on the validity of the certificate.
He stated that the duty of the Court was to refer to the High Court once instructions were issued by the DPP.
He said that the instructions to refer the matter to the High Court was never questioned.
The matter has since been adjourned and the Defence is at liberty to inquire through a judicial review.
Mr. Hichilema remains in custody.
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