HIgh Court
HIgh Court

Lusaka Principal Resident Magistrate David Simusamba this morning committed opposition leader Hakainde Hichilema and five others to the High Court for trial.

When the case was came up this morning, the state informed the court that the matter was coming up for commital to the High Court.

Magistrate Simusamba committed UPND President Hakainde Hichilema and five others to the Lusaka High Court for trial in the offense of treason contrary to section 43 (cap 1) (d) of the penal code chapter 87 of the laws of Zambia.

Magistrate Simusamba said that this was in accordance with the Director of Public prosecution’s committal certificate.

Mr. Hichilema was arrested on 10th April, 2017 on grounds that he wanted to usurp state power with five others.

This means that within 30 days after filing in the matter in the high court, the date shall be set for trial.

During this period Mr. Hichilema and the five others will remain in remand prison.

Particulars of the offense being Hakainde Hichilema, Hamusonde Hamaleka, Pretorious Haloba, Lastone Mulinduba, Wallance Chakawa and Muleya Hachinda between the 5th day of April 2017 and the 8th day of April 2017 at Lusaka and Mongu of the Lusaka and Western province respectively jointly and whilst acting together with other persons unknown did endevour to carry out by force an enterprise to usurp the executive power of the state in a matter of both public and general nature.

And in the letter of committal, State Advocate Miriam Mutebi on behalf of the Director of Public Prosecutor has certified that this is a proper case for trial by the High Court.

Magistrate Simusamba then committed the accused persons to the High Court for trial because the defense did not object.

Meanwhile, there was drama this morning at the Lusaka Magistrate Court when UPND Vice President Geofrey Mwamba was leaving the court hearing after word went round that police were planning to nab him.

In a movie like scene, Mr Mwamba had to be rescued by four UPND cadres when police attempted to arrest him.

He was quickly helped into the vehicle belonging to Dr Nevers Mumba which sped off.

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74 COMMENTS

    • The cycle continues.

      Best is supreme…

      Look games aside HH committee henious crimes and this is not political vengeance by PF or Government.

      HH is fighting the judiciary and it ends there.

      This will end in tears

      Thanks

      BB2014,2016

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    • LT can you please attach the certificate of commitment to the high court, those two charges on the certificate are so laughable. I hope the state witnesses will give us the names of people who were in the advance part to mongu for the” inauguration ” and how someone can take over power while driving along limulunga road, when the Constitution clearly states in case of death of President, the vice takes over.

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    • Mushota probably meant
      The CIRCUS continues.

      I am not sure WHO will be in tears at the end;
      but before that, we will have a lot of international moans, groans and many laughs!

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    • It is Mushota PhD (3rd Class in Scottish Erections) who will be in tears when the treason case collapses. Who stopped HH from inaugurating himself President in Mongu when he went there, stayed and came back to Lusaka? Was the inauguration at a future date or during the Kuomboka ceremony? Why didn’t the inauguration happen, you pfooIs?

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    • This whole saga is ridiculous, you are persecuting an innocent person for political gains. There is no treason case here.

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    • @Mushota, What do you mean by ‘henious’? Is it one of your countless bemba-english words from the Congolese ‘universities’ where you obtained your PHDs?

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    • Oh foolish Mushota, so why didn’t HH inaugurate himself in Mongu? There is no normal human being who has heard of any inauguration taking place in Mongu. Nor has anyone heard about security services thwarting any such inauguration. Something should be terribly wrong with this Mushota’s head.

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    • The silly dude @mushota is high on weed as usual.That PHD is actually a ” Pull Him Down” version. He needs to get over with he’s wiered wicked obsession with HH.

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    • Saddest Pf at work. The party which is only bent on burning this country.

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    • They wont find anything, but hope he shuts up when he gets out. We need to focus on building the country. He has been a distraction

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    • The important issue is not HH being convicted but him spending nights in a cold prison cell. Even if HH is finally acquitted, he would have learnt that ECL is president.

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    • This is stupid, Zambia has been taken backward. HH don’t worry you will be acquitted Lungu and his people are just scared of you.

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  1. This case is a waste of time and money, the case is going nowhere. It would be wise for RTSA to charge HH’s driver for careless driving and close the case.

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  2. We will now see how he wanted to declare him self by not giving way to President Lungu’s motor carde

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  3. This case is waste of little resources you have. You are spend borrowed money on stupid case.

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  4. Zambia is indeed a dictatorship. PF has destroyed the peace and tranquillity in our country. Lungu should not remain in power any longer.

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  5. tsk tsk i see this dragging for up to 6 months…hope not. its becoming boring to say the least. Life must go on

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  6. The HIGH COURT will dismiss this treason case. State is simply following court procedure to have a case before the court. They are stuck in evidence collections. They want to bring Mbita as a witness to HIGH Court but Mbita is reluctant and very unwilling. State security officers also distancing themselves.
    Within the prosecution team , there is division. They are not sure who is the lead counsel…They are very disorganised

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  7. A certificate of committal to the High Court dated 3rd May,2017, signed by Deputy Chief State Advocate, Lusaka province Mirriam Matandala on behalf of the Director of Public Prosecution was submitted on 4th May, 2017. Today is 8th June, 2017. This whole month was wasted by HH’s lawyers making preliminary applications which has yielded nothing. They have now accepted the same certificate they vehemently rejected over a month ago. If wasn’t for the unreasonable behaviour of the lawyers, trial date would have been set by now. Sadly, now, HH has to languish for another 30 days before the date for trial is set. Hope the lawyers change their approach at High Court

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  8. A certificate of committal to the High Court dated 3rd May,2017, signed by Deputy Chief State Advocate, Lusaka province Mirriam Matandala on behalf of the Director of Public Prosecution was submitted on 4th May, 2017. Today is 8th June, 2017. This whole month was wasted by HH’s lawyers making preliminary applications which have yielded nothing. They have now accepted the same certificate they vehemently rejected over a month ago. If wasn’t for the unreasonable behaviour of the lawyers, trial date would have been set by now. Sadly, now, HH has to languish for another 30 days before the date for trial is set. Hope the lawyers change their approach at High Court

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  9. Akakwa hh. Political career yapwa mukwai. I don’t care even if he is jailed. There is nothing he has done for this country. Let him go to jail to masurbate while I enjoy mutanti

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  10. This is rubbish to say the least. Ichalo nachibola chilenunkafye ubusushi. Can Mr. Lungu find something praise worth than tarnish his image. A young man and lawyer to behave so backward and welensiki like. I expected him to be modern. This country is indeed in a comma.

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  11. Don’t ignore the illness and computer crash of His Honour Simusamba. The HIGH COURT is more organized and efficient. Lawyers of both parties shall have a hard time with the presiding judge.
    Watch for more drama. Witnesses are expected never to lie as they may be jailed instead.
    Mutembo Nchito had one witness jailed for not telling the truth.

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  12. Zambia in the Sun – What do you understand by preliminary issues? Don’t express your ignorance in an open fora like this one. To educate you, preliminary issues are very important to the conclusion of the case. If in the process those issues become necessary, you are not allowed to bring them forth if you didn’t raise them in the first place. Finally the lawyers have done very well. They first separated the two charges and the first charge has even gone underwater from the same preliminary issues remaining with only this stupid charge. This has been in very short time. To me they are smart guys. Don’t rush even if it takes one year do it properly and get the man acquitted and shame the devil. Good lack and I wait for the drama to start.

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  13. Why didn’t gbm allow the police to arrest him if it’s true they wanted to pick him at the courts?

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  14. @Ndetilati u are spot on Preliminary issues.When Trial begins people will see why the Defence Team was raising these issues. The Treason Charge is now a shell after Preliminary issues were raised and exposed vital information on the State Witnesses. The Motorcade issue was dropped by the State thru a Nolle.t Until this Treason Trial is disposed off everything will be at a standstill. No New IMF Loan,Western Donor Aid and Foreign Investors. Now that the PF Sadists have finally committed HH and others to the High Court they can now lock HH at Mukobeko Prison as originally planned. They can Poison HH or kill him so that Lungu’s One Dictatorship can be consolidated. A fake Treason Trial has grave consequences on Lungu and his illegitimate Regime.

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    • Cheeembe dont be a fouuol. IMF is in business and not helping anyone. By the way there is now stiff competition to give out loans and IMF might not be so lucky should ECL refuse to get their loan.

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  15. @15 Ndetilati, let the lawyers do a good job and get an acquittal to shame the devil, if it takes years. Thank you Sir, did you consult Mutinta and their two beautiful sons, and of course his father Chief Mukuni, before you wrote that? Do you know that as a person used to luxury, before U5 is acquitted, he will be a cabbage, a partially decayed cabbage? The best way out of this was wisdom, wisdom to act wisely and sensibly wise, to wisely avoid being arrested for unwise acts. Period. Rather than to voluntarily and unwisely give yourself a chance to become a cabbage?
    For the rest of Zambia life will go on as if nothing happened, even the UPND breed of donkeys will go on eating their grass normally.

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  16. so the litunga will be arrested for planning to assist to take over government lungu by force . why did he invite the two of them. kanganja too must come for proving .security to hh instead of ecl. what a sag.

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  17. The pain of the cabbage will be felt only by U5, Mutinta and the children AND NOT BY GBM, or the rest of Zambia. UPNDonkeys, your U5 is simply a sacrificial lamb, by UPNDonkeys for reasons best known to U5 himself.

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  18. The court has just sentenced him to 30 days imprisonment and the High Court will take another 30 days to allocated a judge and set trail date. Then “Jack Preliminary Mwiimbu” will raise another 30 day preliminary issues. Before we know it December will be with us.

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  19. It is easier to commit HH than to convict HH of Treason. What initially prompted the State to Charge HH with Treason was the Motorcade Rage Incident which has been dropped by the State thru a Nolle Prosqui. The Charges that remain and are contained in the Committal Certificate will be difficult to prove Treason. It remains to be seen what covert activities HH and others undertook to overthrow GRZ. They are just punishing HH and others but committing Treason is far fetched. Time will tell.

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    • The state has overwhelming evidence dating from October last year. If you don’t know them keep quiet

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  20. We are just watching. The high court is just a rubber stamp of PF. If Mail a Chicago handles the case, expect useless surprises against our beloved HH. This judge has never ruled in favor of UPND. Hope justice prevails and the innocent person is left alone.

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  21. A NOLLE PROSEQI DOES NOT MEAN YOU ARE INNOCENT. IT SIMPLY MEANS THAT AT THAT TIME THE RHE STATE DOES NOT HAVE EVIDENCE. BUT ONE NEW EVIDENCE EMERGES, YOU CAN BE DAKEN BACK TO COURT.

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  22. Bombefye tumone development. The late Mwanawasa ignored the late Sata’s behaviour. And sata was more attacking than HH.See wat Mwanawasa achieved…!!!

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  23. We are at the edge of our seats! Of course GBM and his rescuers are now also guilty of evading the law. Slippery fella, for his size.

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  24. This is a pure witch hunt and total abuse of state institutions (the Police and Judiciary). HH should consider taking legal proceedings against this government at an Internationally Respected Court. He should personally take legal action against this particular IG (even when he is retired) and all the people behind this witch hunt.

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  25. As kids when we are playing we play to the gallery. But when we are in a small family setting, the implications of our actions begin to dawn on us. It is important to reflect on our own lives, before we take actions that we shall regret. If you look at the comments of UPNDonkeys, it is like U5 is just a political teddy bear or a game in PS4 rather than a real human being with a family. Surely there is a better way of handling politics including patience for your turn to come rather than play hero at the ecpense of your dear wife and young cjildren. Unfortunately, it is up to U5 to make the correct decisions, the UPNDonkeys will follow whatever he decides. Why then U5 chooses a course of action in which he will only turn himself into a cabbage beats me, even the diplomats say so.

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  26. U5 has now been committed to the High Court for trial in his treason case. The court will decide whether the evidence is strong enough or not. Our judiciary is independent, so if he is innocent of the charges or the evidence is not strong enough, U5 will walk to freedom. UPNDonkeys will just have to be patient like their leader U5 and everybody else. We all wait and see.

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  27. Ati ci GBM ca butuka arrest? But to where? Tonight he will be fished out too. That will be fair to U5, don’t you think? After all he is not acting president so UPNDonkeys will not miss him.

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  28. ……..The police have already organised a low bed to carry the bulk load to correction centre.

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  29. Any objective and sane person will note how the state is scrapping the bottom of a barrel to try and construct a form of treason charge. No lawyer worth their salt should agree to prosecute this sham of a so-called treason case. This is all about an insecure paranoid clueless dictator trying to ‘fix’ and break an opponent. A preoccupation with self-preservation and aggrandisement at the expense of dealing with real issues that the country faces. What a waste of time and an atrocious devaluation of the tenets of democracy, justice and civilisation by the only ‘GREAT’ and ‘DEAR’ leader of the Republic of Zamunda, ECL.

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  30. Lungu and his thugs and PF police thugs like kanganja and others will one pay for the evil they have brought among Zambians; Chinese criminals are released but they oppress fellow Zambians for no reasons; look at the great KK wamuyaya who united Zambians even if he did some bad things; he is humbled with respect as he had some compassion in his heart; but Lungu shall be humbled beyond respect

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  31. HOW CAN LUNGU BE AFRAID OF A POLITICAL LEADER WHOSE POLITICAL SUPPORT IS CONFINED TO TO ONLY 3.5 PROVINCES OUT OF 10? LUNGU MANAGED TO THUMP DOWN THIS SAME CHARACTER AFTER ONLY CAMPAIGNING FOR 1 MONTH WHILE THE CHARACTER HAD BEEN FEATURING ON BALLOT PAPERS A RECORD 5 TIMES?

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  32. “Hichilema, Hamusonde Hamaleka, Pretorious Haloba, Lastone Mulinduba, Wallance Chakawa and Muleya Hachinda” wow!!!!!! so only Tongas were arrested? Where is this country heading to.

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  33. @Chisenga spot on well said. The country is enjoying peace and stability Imwe Ba Upnd chikonkomwikate !!!!! Wooooo!!!!!!

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  34. @Harold Muna and we love him in our 6.5 Provinces and come 2021 we will ensure we out register your 3.5 provinces. The problem you think you are very intelligent and have all the solutions for Zambia but us Zambians in our 6.5 provinces know what kind of hatred you hold in your hearts. How can a group of people hold such hatred look at the insults you hurl at our beloved President. You think just because you hate him in your 3.5 Provinces it’s the whole Zambia?? Wake UP !!!6.5 provinces love him. And as a people we will never vote for people with such hatred. Same as voting for the devil!

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    • I certainly don’t love him. PF us the worst thing that has befallen Zambia. They have brought nothing but poverty. By the way even in the 6.5 provinces, HH got votes

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  35. In case you don’t know, you are making HH even more popular. You have just shown how low you thinking is.

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    • More popular in your tonga and allied bantustans only. In the other provinces, we think hh is a political b.u.f.f.oon and look down on him as a failure!!! I have never and will never break my beautiful sleep at 0500hrs and go to vote for hh; And it has been the same since 2006, and the majority in the 6.5 have equally done the same: i mean, ECL was not even planning to be president, he comes on the scene last minute, campaigns for 6 weeks and still HAMMERS hh twice??? HOW CAN YOU EVEN DARE TO THINK hh IS POPULAR???????????????

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  36. This is just the beginning of a Real Fight between the 2 Elephants. Obviously the grass (Economy and the People) will suffer. There are 2 sides to the Coin. Lungu and his Criminals think that here is a chance to kill HH politically and come 2021 Lungu will have a landslide. The other side of the coin is that HH will put up a spirited fight and evidence to prove his innocence abound. Lungu has the advantage of abusing State Institutions (ZPS, Courts and State House) to persecute HH. God ,the People and the Economy are on HH’s side. With No IMF Loan,Western Financial Assistance and Investors the Zambian Economy will collapse just like the Zimbabwe Economy under Mugabe did. Zambians must brace up for tough times ahead under Lungu.

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    • …in your dreams, donkey!!! I am working and running an SME; I wake up at 0500hrs and only go home at between 1930hrs and 2000hrs everyday: in other words, hh being in prison hasn’t affected my life and I think I speak for millions of hard working Zambians as well who realise that only hard work is what will make our economy grow and tick!! Me and majority Zambians voted for ECL and are going about our daily activities so I don’t know which people you mean are on hh’s side??? The economy will only collapse if we allow a small, selfish, tribalistic and evil group to hijack our country and persecute their enemies in the supposed name of justice and freedom!!!

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  37. Hichilema Haamusonde Hamaleka Haloba Hachinda Only Tongas. Awe our country!!!!!!!!!!!!!!!!We did not know that the party was for Tongas only.

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  38. Now, why is GBM running away?

    You who are reading this, what would you do if you heard that police are coming for you?

    Am sure you wait for them, to hear what they are up to if you are innocent.

    But if you know you have issues you will panic.

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  39. Ba HH why did you do what you did.? The suffering, the inconvenience of your family when you go to MAXIMUM, the adverse effect of your businesses and your Party, legal expenses all this for the sake of becoming president at all cost. Don’t use your own effort. Gods time is the best. Like it was with EL when Sata died. It just happened, people loved him am sure EL was also shocked. That’s God. Not ifi Ba HH.

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  40. [email protected] Your Ka god broke the law that is why his locked up. Sata never broke any law. He played his role as an opposition leader and was never a law breaker. Spend more time educating your U5 what it means to be an opposition leader and not making fools of yourselves by burning property, parading naked, insulting and crying to the international community

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  41. UPND are clowns, they have even started imaging arrests, so that they go crying to the international community that Zambia is in chaos. Who told them that police wanted to arrest GBM? There is something seriously wrong with this party.

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  42. It will be interesting to learn of a coup taking place at a traditional ceremony far from the capital and the only weapons used being a convoy of cars! Coup made easy indeed.

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  43. 17 .1 but he’s been daring the police to arrest him all along. And is he not supposed to be sick in bed

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