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Tuesday, September 22, 2020

HH’s lawyers should have avoided raising unnecessary preliminary issues-Sinkamba

Headlines HH's lawyers should have avoided raising unnecessary preliminary issues-Sinkamba

Hakainde-Hichilema
Hakainde-Hichilema

Green Party President Peter Sinkamba has said that the lawyers representing incarcerated United Party for National Development (UPND) Hakainde Hichilema should have avoided raising unnecessary preliminary issues to lessen his agony in Prison.

In a statement released to the media Mr Sinkamba said that his party agreed with Magistrate David Simusamba when he stated that in the past, a certificate signed by another person other than the DPP but signed in his or her name was accepted and the practice was established.

Below is the full statement

HH’S LAWAYERS SHOULD HAVE AVOIDED RAISING UNNECESSARY PRELIMINARY ISSUES TO LESSEN HIS AGONY IN PRISON

We agree with Magistrate David Simusamba when he stated that in the past, a certificate signed by another person other than the DPP but signed in his or her name was accepted and the practice was established. This observation is agreement with one key constitutional provision which Attorney General Likando Kalaluka relied on during the hearing of complaint by the Judicial Complaints Commission (JCC) where we the Greens pursued the removal of five Constitutional Court Judges from sitting on the Constitution Court bench for gross misconduct and incompetence was implied power provided for in Article 271. This Article provides that “a power given to a person or an authority to do or enforce the doing of an act, includes the necessary and ancillary powers to enable that person or authority to do or enforce the doing of the act.” The Attorney General explained that on account of this provision, any constitutional office bearer has power to delegate any one of his or her officers to act in his or her name to do or enforce an act. That is constitutional and therefore perfectly legal. Prima facie, this explanation may apply to the DPP as well, as noted by Magistrate Simusamba.

However, we do not agree with Magistrate Simusamba’s decision to refer the matter for judicial review to determine the validity of the DPP’s committal certificate on account that it was signed by someone else other than the DPP. We disagree with his ruling that the subordinate court has no jurisdiction to comment on the validity of the certificate, and that the committal certificate is the exclusive preserve of the High Court.

To the contrary, we believe Magistrate Simusamba had jurisdiction under 267(4) of the Constitution of Zambia to comment and rule on the validity of the certificate. According to Article 267(4), a court is not precluded from exercising jurisdiction in relation to a question as to whether a person, authority or institution has performed the function in accordance with the Constitution or other laws.

All in all, HH’s lawyers should have avoided pursuing preliminary issues to lessen his agony in prison unnecessarily. Already, over 45 days have lapsed in prison, and his lawyers are still pursuing preliminary issues. This is unnecessarily exacerbating his agony in prison. Instead of pursuing preliminary issues aggressively, it would have been desirable that the lawyers’ focus is placed on the main matter to commence.

Peter Sinkamba
President
Green Party of Zambia

70 COMMENTS

    • The lawyers did an amicable job

      There is no law that would have defended someone who has Treason charges.

      It is for this reason that he has not been bailed.

      Lungu is a democrat and he has learnt from Obama, David Cameron and he understands the law better than you reading my comment now

      Give credit where it’s due.

      I competed my PhD in April

      Thanks

      BB2014,2016

    • This time there is no limit to 14 days so they can do what they want. HH is very comfortable in jail and the longer he stays there, the better his chances to become President of Bantubotatwestan.

    • UNFORTUNATELY THERE IS ALSO NO TIME LIMIT TO THE TREASON TRIAL ALSO
      ==============================
      Let them more and more preliminary issues.

    • no wonder abortions are legal in the developed countries cause of degenerated beings like mushota who were born with syphilis having already damaged their brains.

    • “Green Party President Peter Sinkamba has said that the lawyers representing incarcerated United Party for National Development (UPND) Hakainde Hichilema should have avoided raising unnecessary preliminary issues to lessen his agony in Prison.”
      HH IS AN IMPORTANT ALLEGED CRIMINAL FROM WHOM HIS LAWYERS HAVE BEEN MAKING QUICK CASH BY RAISING UNNECESSARY PRELIMINARY ISSUES EVER SINCE ELECTION PETITION. THEY KNOW THAT THEY HAVE TO PUT THE INTEREST OF THE POCKETS FIRST INSTEAD OF UNDER 5. LAWYERS ARE IN BUSINESS AND THIS IS REAL MONEY MAKER. THEY WILL ALL FINISH CONSTRUCTING THEIR HOUSES IN NEW KASAMA AND OTHER APAMWAMBA RESIDENTIAL AREAS. LET THEM MAKE SOME BIT OF MONEY, IT’S GOOD FOR THEM.

    • How can they not raise preliminary issues if that’s what they specialize in?
      They same team behaved in a similar manner during the election petition..

      HH is to blame for hiring preliminary issues specialist legal team when he’s faced with treason

    • You st.upid Mushota this Lungu chap was at UNZA that’s were he learned his Law and then swindled an unsuspecting client of her money. He was not at University of Obama or Cameron in any case the Executive has nothing to do with the Judiciary unless the chap is a tinpot dictators. You just completed your PhD.

    • Dr. Erection (Mushota). The motorcade charge has been dropped and the arresting officer or all charges was caught lying and forced to apologize to the court. There is no case so why is an innocent man in jail??? Lungu has dented the country’s image badly. He is an embarrassment

    • …of course HH enjoys preliminary issues – remember his “right to be heard” at every level and occasion and I am sure he is enjoying it even at this stage. Otherwise if the magistrate makes a ruling now to commit him to the high court he is going to appeal to the high court against such and insist that his democratic right to be heard has been violated – So people don’t blame the magistrate for this adjournment – let HH be heard, it is right!

    • Level of dullness exhibited by Mushota is a good example of backwardness at the core of pf supporters.

  1. my friend sinkamba, why are you wasting your time advising these ‘know it all’ characters. all well meaning Zambians have advised hh and his lawyers to do away with preliminaries but to no avail. leave them alone and let hh rot in prison.

  2. MR SINKAMBA, BUT THERE IS NOTHING NEW HERE!!!
    THE LAWYERS ARE SLOTHFUL IN THEIR WAYS.
    THAT IS HOW THEY LOST IN THE CONCOURT.
    AND THEIR EQUALLY DULL CLIENT IS STILL PURSUING THE NON-ISSUE “PETITION”
    LET SLEEPING DOGS LIE

  3. The main point from Sinkamba is that the judgement for judicial review is in bad faith. Simusamba is playing delaying tactics. Sad!

  4. That’s exactly how they did even on the Election Pertition. Wasted time on in necessary preliminary issues instead of dealing with the core issue of the case.
    I believe the charge of treason is very slim if at all it exists in so far as HH is concerned in this matter. But the you see a lot of lawyers he’s engaged waste time while he surfers in detention. Then at the end they present him with a high cost invoice.
    This. Add was just a misdemeanour one that could have been dealt with even with behind the scenes of sorry here and there and move on. It’s not worth it and I with they both could be adults and leave this issue behind and deal with what matters for Zambia which Mature disciplined leadership both in Government and Opposition as both have a very pivotal row to function in…

  5. That’s exactly how they did even on the Election Pertition. Wasted time on unnecessary preliminary issues instead of dealing with the core issue of the case.
    I believe the charge of treason is very slim if at all it exists in so far as HH is concerned in this matter. But then you see a lot of lawyers he’s engaged waste time while he surfers in detention. Then at the end they present him with a high cost invoice.
    This matter was just a misdemeanour one that could have been dealt with even with behind the scenes of sorry here and there and move on. It’s not worth it and I wish they both could be adults and leave this issue behind and deal with what matters for Zambia which is Mature disciplined leadership both in Government and Opposition as both have a very pivotal row to function in…

  6. behind the scenes of sorry here and there and move on. It’s not worth it and I wish they both could be adults and leave this issue behind and deal with what matters for Zambia which is Mature disciplined leadership both in Government and Opposition as both have a very pivotal row to function in. This can be stopped and start afresh by both sides but one has to take first step and be magnanimous. Zambia gains nothing with HH in prison. Let us as a nation reflect on this or we will when it too let. Never take things or peace for granted. A disaster has it origin so small that people ignored until it exploded. Never take peace for granted

    • Do not worry about our money, worry about how and what evidence you have on how HH wanted to declare himself president. Go get that evidence and not this sh*t you talking about money, money, money, money, HH is a six figure digit gentle, even the 40 days he has been in prison, he is making more than what you entire clan will ever make, Europeans and Americans new frontier is space, Arctic region and Muslim terrorists.

    • And exactly how much is your 6 digit man giving for praising him? Just work hard and earn yourself something than praising the wealth of others which you have no idea how they got it. 6 digit my foot. Never admire people’s wealth. Admire to live a peaceful life.

  7. Let the main issue start and here how the man planned to declare himself republican president with his workers.

  8. I can see the strategy of the defence is to win via a technicality which they think is a shorter route to the same verdict. Once the case proper (main matter) commences it will be lengthy as prosecution will seek adjournment after adjournment as they seek false witnesses. All they want is a false 4-5 year false imprisonment for HH.

  9. The Defence Lawyers raise preliminary issues for a Reason which a none Lawyer may not understand. The High Court Review is necessary to clear certain issues. If the DPP Certificate has errors why should it be committed to HC with those mistakes. The Certificate should state what are the Treason Charges and what in terms of the Law constitutes covert Acts which were allegedly committed by HH and his co-accused. The Certificate should be specific as to who committed which Treason and covert Act. The Defence Team know what they are doing. Surely a Treason Certificate could lead to the Accused’s death penalty and must be signed by the DPP herself or by somebody who is properly authorized in writing to sign on behalf of the DPP. Doesn’t the DPP use a Signatory System like the Banks use? If…

  10. EVERYTHING IS STUPID. HH BEHAVED IN A STUPID WAY, AND HE SHOULD BE TREATED STUPIDLY. LET HIM FACE THE CONSEQUENCES OF BAD BEHAVIOR. ONLY “THE ONE WHO HAS AN ITCHY ANUS WILL WAKE UP WITH SMELLY FINGERS”. THE HANDS OF HH ARE NOW SMELLING.

  11. According to Mr Sinkamba which Preliminary issues raised by the Defence Team are unnecessary? Has Mr Sinkamba advised any client in a Treason Case? Does he know the Format of a Treason Certificate? The State wants HH convicted for Treason even if there are sufficient grounds. This Treason Case is politically motivated becoz its meant to get rid of a strong Political Opponent and also kill the nagging Presidential Petition.

  12. Sinkamba has a point. Simusamba adjourned the matter to 12th June, 2017. If the preliminary issue raised goes to High Court for judicial review, it is unlikely to be filed, heard and determined before 12th June 2017. The judicial review will take not less than 10 months to be heard and determined. That will be March, 2018. Then depending on the outcome in High Court, either party may appeal to Court of Appeal. There, the appeal will take not less than 10 months to be heard and determined. That will be in 2019. Then, if either party is dissatisfied with decision of Court of Appeal, that party may appeal to the Supreme Court, where it will take not less than 10 months. That will be 2020. After that, then the main treason case will commence and run for another one year bringing us to…

  13. Continued: After that, then the main treason case will commence and run for another one year bringing us to somewhere around 2021! Good luck HH lawyers!

  14. Mushota the only African girl with PhD in England who is good at speaking crap.

  15. CHETANKUMAR SHANTKAL PAREKH vTHE PEOPLE (1995) SUPREME COURT
    NGULUBE, C.J., SAKALA AND CHAILA, JJ.S. 16TH MAY AND 10TH JULY, 1995. S.C.Z. JUDGMENT NO. 11 OF 1995
    Held:
    (i) Where any trial is unreasonably delayed through no fault or strategem of the accused, the arrested person must be released on what one might call “constitutional bail”. Such bail is available and clearly overrides any prohibitions in the lesser laws so that Article 13(3) would apply to any unreasonably delayed case, whatever the charge and whatever s.43 of the Act., or s.123 of the C.P.C. or any other similar law may say
    (ii) There is nothing in the Constitution which invalidates a law imposing a total prohibition on the release on bail of a person reasonably suspected of having committed a criminal offence,…

  16. (iii) Before the stage when a trial becomes unreasonably delayed, it is constitutionally permissible to authorise deprivation of liberty, if authorised by law, and without making any provision for bail under any circumstances.

    THIS IS CASE LAW WHICH WILL JUSTIFY KEEPING HH IN PRISON LONGER IF DELAYED FURTHER BY HIS LAWYERS

  17. I don’t understand what Mr Sinkamba is saying. Where the Executive Arm of govt has compromised the Courts, the Police and most Institutions of Governance what does Mr Sinkamba suggest the Defence Team should do? In Mr Sinkamba’s opinion which Preliminary issues raised by the Defence Team were unnecessary? I fail to understand Mr Sinkamba’s interest in HH’s plight. If u rush to the HC what guarantee is there that the Treason Case will not be allocated to another PF Judge Cadre? Mr Sinkamba should leave the Defence Team alone. They know what they are doing.

    • @Moya. It is not all members of the bench that are compromised. Take for instance Magistrate Malumani. On what basis can you point an accusing finger at him that he is compromised? When he acquitted HH on the case of use of insulting language? As Sinkamba has rightly pointed out, the issue of validity of the certificate of acquittal is unnecessary. Check what Article 271 of the Constitution says. Even if HH’s lawyers go to High Court for judicial review, they will be referred to Article 271. Watch this space

  18. Well said president sinkamba. You are impartial in your comments. Let him rot in jail while preliminary issues continue.

  19. The problem with UPND dunderheads is that they cannot take any advise they know it all . if the case against HH is weak let it go to the High Court and embarrass the State why waste time on preliminaries? No wonder Zambians reject yo

  20. Awe mwandi Mushota Lifontini ilituntulu ilyakamamo namenshi. What primitivity this cockroach is! U must have ended mu grade 3or sub A, even mu corridor of a classroom. No wonder poor fools are physical in nature. Its. due to lack of education and civilization.

  21. I differ with Sinkamba’s opinion. Just because the state made shortcuts does not mean that, that should be the standard. This case is not an ordinary one. Just by its seriousness, it requires all stones touched, unlike the state which takes it casual, and making up their minds at every turn! This case will set a precedence to prevent future state crimes!

    • What precedence? As Magistrate Simusamba has noted in the past, a certificate signed by another person other than the DPP but signed in his or her name was accepted and the practice was established. There is nothing new that these preliminary application will yield, as a precedence, but uphold this position

  22. Well spoken Green Part, these lawyers for HH are only interested in making money from HH. Each session they seat lawyers have to be paid and by the time the case ends they well be millionaires am telling you.
    The family for HH is Not realising this. Lawyers all they want is money nothing else weather you lose or win you have to pay them and that is the bottom line people.

  23. Its a very basic argument that lawyers simply want cash from HH. When the insulting trial was on, the whole country was on standbye following the proceedings, and anyone who followed them would agree that HH lawyers laboured embarrassing prosecution. One witness admitted to have been a liar… come on… stop telling us Kalulu stories that you would die easier thrown on sand than on rock!

  24. Zambia under Edgar Lungu has become the new Republic of Idi Amin.Lets place sanctions and diplomatic isolation on this evil PF regime.

  25. While Sinkamba may have a point, you can’t blame the lawyers for questioning the legality of some of the issues just because you want to rush to trial. The big issue for me is the unnecessary delays the Zambian courts and judges take to rule over and dispose of some of these preliminary issues. They keep delaying and postponing to make a ruling over simple issues, thus delaying moving the case forward. Eve apartheid regime judges were efficient. They say ‘justice delayed is justice denied’ (this is a classic example of that principle).

    But this is all part of this dictatorship regime of Lungu’s strategy… to delay and make HH suffer. Being a serious treason charge, I don’t understand why the DPP didn’t show up in person, even if it was to clear the genuineness of the…

  26. continue reading…
    Being a serious treason charge, I don’t understand why the DPP didn’t show up in person, even if it was to clear the genuineness of the certificate. But this was always a political persecution of HH on trumped up charges so what we are seeing is just that.

    But I agree the lawyers representing HH need to be smarter and pick up the ‘fights’ that are worth fighting for. They need to be smarter to force the judges to be more efficient as delaying is part of the regime’s strategy.

    • They need to be smarter indeed. For example, they could have withdrawn their challenge of the validity of the certificate of committal, and opt for committal instead of waiting till 12th June. Of what value does the challenge make to HH’s case? Nothing tangible from the High Court will come from the two weeks given. They know for a fact their client cannot be acquitted on account of a defective certificate. Nor does that make his defence stronger. If anything, the prosecution can just merely replace the certificate. So how does replacement of a certificate help the defence’s case? Squabbling on the certificate just wastes more time which would have been dedicated to trial.

    • “But I agree the lawyers representing HH need to be smarter and pick up the ‘fights’ that are worth fighting for. They need to be smarter to force the judges to be more efficient as delaying is part of the regime’s strategy ”

      you couldn’t have said it any better .

  27. THE EUROPEAN UNION WILL COME AND HELP THEM. THEY HAVE TRIED ARSONIC ATTACKS BY BURNING VERY SOFT TARGETS. BUT THAT TOO HAS NOT HELPED THEM….

  28. Treason is a very serious crime which could lead to the death of the Accused. So why is Mr Sinkamba suggesting that the Defence Team should haved rushed to the High Court for Trial with a Defective Treason Certificate? A judicial Review is necessary to clarify the Charges and explain the covert activities undertaken by HH and others to commit Treason. Given the severity of Treason one expects the DPP herself to sign the Certificate or if she is away to give a letter authorising the signing of a Treason Certificate b4 Commital to the HC. How does the DPP Certificate in the Shamwana Treason Case compare to the HH Treason Case? If they are mistakes in the Certificate they must be corrected now b4 trial at HC. After the Motorcade Charge Charge was dropped by the State thru a Nolle Prosqui…

    • So okay, while they sort out the Certificate issue, HH can cool his heels for another 2 weeks? You reckon this is fair for the man – even though I think he deserves it.

  29. Looking at the way the case is going I see HH suffering unnecessarily. My little or humble advise is that let the UPND senior members talk with the lawyers to stop this issue of too many preliminaries. Secondly, even though there are separation of powers, let the party wise men and women pay a visit to President Lungu and quietly advocate for the release of HH, let the chiefs do the same and please let them not forget to ask HH and cohorts to accept this Chagwa as President of Zambia. He was duly declared painful as it may be. If the Courts decide otherwise, it will be a different issue at that time but for now let us move on. Chagwa is president and our HH is the leading opposition leader. 2021 is coming. If we let HH continue in prison, anything can happen to him and we shall have…

  30. On the DPP, all I can tell you is that the lady is incompetent and her office is equally incompetent. Remember that they are the same people who took different names of those jointly charged with HH. She then presents a wrongly filled in committal certificate. In civilized societies this is cause for resignation. I feel for HH.

  31. Anyway no need to talk about matters in court, unfortunately you will never become the president of Zambia sir….just save you money.

  32. @34 Ulubunda, anything can happen to HH? You mean to tell us that you have seen nothing with him yet? Look at his latest pictures, the man is already a cabbage. HH is an underfive politician, an astute or mature politician does not do s.illy acts that will force the authorities to send him to correction facility, because his time too precious to waste in courts and prison cells and wasting away his health when he is supposed to be organising and mobilising his party for 2021. UPNDonkeys, I advise you to prepare another presidential candidate in 2021. HH is already a wasted cabbage that I can tell you. But then that may not be an issue since you do have a vice president and running mate to take over from president HH. But note carefully that this may defeat the ideal of a tonga president…

  33. Upnd lawyers are incompetent. That is the same thing they did on the presidential petition. 3days were lost trying to amend submissions. 4 days were lost trying to remove Lungu from state house. 5days were lost trying to change the constitutional 14days to hear a petition. When there was a day remaining, they surrendered saying, the case can’t be heard in 2 days.

  34. Lawyer for HH want more to translate into more money in their pockets hence raising so many unnecessary preliminary issues! Remember the 14 days after the 2016 elections it was the same! Viakulolavwe

  35. Mushota…PhD? Not with this type of reasoning….. By far u are the base of tribalism as usual. Kano ngaebo. Download/Listen to Nigeria tall show on Zambia dubbed “Lungu has no vision”. It is noted all over the world that the police should have cleared the road before the motorcade. How can traffic offence became treason case? The President Special Assistant was quoted saying ” there was no danger”.
    It is not fair….Drop the “traffic treason” offence. We want democracy and strong opposition for checks and balances.

  36. Chale forget about Nigeria this is Zambia with Zambian laws, don’t compare other countries politics to ours. As for preliminaries that is what HH’s lawyers know best. At least we are enjoying peace as it is.

  37. TERRIBLE: Which running mate? He has run away forever. They have no running mate. The party has collapsed, it is on Oxygen, in intensive care.Soon there will be no party to talk about.

  38. I concur with Sinkamba,why do these lawyers always raise unnecessary preliminary issues.Please defence attorneys for HH ,let the issue be dealt with once and for all.You keep the upnd president in jail for a over 40 days now!!really , this man is a father and huge political figure.So please avoid these rubbish preliminary issues so HH can be released once for all.He is being tortured for nothing due to your incompetence

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