Court orders transfer of HH back to Lusaka Prison

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Mr Hichilema's wife Mutinta after visiting her husband
Mr Hichilema’s wife Mutinta after visiting her husband

Lusaka Senior Magistrate Ireen Wishimanga has ordered that opposition leader Hakainde Hichilema and five others be transferred back to Lusaka Central Prison to enable them attend court proceedings in a matter Mr Hichilema has asked the Court to cite Minister of National Guidance and Religious Affairs Godfridah Sumaili for contempt.

Magistrate Wishimanga has since directed the Commissioner of Prisons, the Officer in Charge at Mukobeko Maximum Prison and the Officer in Charge at Lusaka Central Prison that Mr Hichilema and the five co-accused be brought before her for purposes of attending the court proceedings in their capacity as complainants and witnesses.

She has since ordered all those involved with the detention and transportation of Mr Hichilema and the five make necessary arrangements to bring them on Monday, June 19th 2017 and that they be remanded at Lusaka Central Prison to enable them attend court proceedings from day to day the case is disposed of and finally determined.

69 COMMENTS

    • This is unacceptable, why? Let him be kept at mukobeko. Can the someone petition that please?

      HH deserves to be there, not in Lusaka.

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    • Let’s wait and see. Why should hh have a fast track court trial jumping the line. If you call this fair then I don’t know it’s meaning.

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    • BALI MU PRISON BO NDATE. WHAT DO YOU MEAN, “…why not just have him in lsk?”. HIM AND HIS PARTNER IN CRIME ARE CURRENTLY, DANGEROUS CRIMINAL SUSPECTS. CHANCES SHOULDN’T BE TAKEN. BY THE WAY IT’S PART OF CORRECTIONAL PROCESS BEING MOVED FROM PRISON TO PRISON.

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    • Munone ,repent you are full of hate. Just remember that you will give an account to your creator for hating a human being that was created in God’s image

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    • Munone may God deliver you! You will give an account for that hatred when you stand before your creator. I pity that you choose to perish and go in the path of destruction because of one man

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    • broad day light persecution in a declared christian nation.it was going to be better if it was declared a muslim nation…

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    • It’s extremely expensive to transport HH. Let be put under arrest at state house.

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    • This is a different matter. Not the treason case. Once this matter is disposed off HH will be back at Mukobeko to await a slot in the High Court. Mind you the treason case is already at High Court so a Magistrate can not make a ruling on the matter that is at High Court.

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    • @Munone why don’t you do the dirty work yourself? There is nothing more terrible than to wish someone to suffer! Even the thief who was next to Jesus asked to be saved- what’s so different with HH! Lets not glorify mediocrity. Mind you there is nothing wrong in arresting HH if the prosecutor believes HH has a bona facia case- at the point let us provide humane services! What will happen to the jailer when the jailed becomes the jailer?

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    • @ Munone, over head, nude princes and Peter, I would be shocked if you guys didn’t practice witchcraft already.
      Your vile hatred qualifies you guys to be counted among senior witches and wizards.

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  1. These are signs that some Service Chiefs are being used against the pipo. For some we know its survival from being replaced

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  2. Was it really necessary to make such an order? Did the Prison authority refused to bring the suspect before the court? Unless otherwise?

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    • Now this is stupidity of the highest order. Even if you are PF you should be human and reasonable. Can’t you read between the lines that these service chiefs or their commander moved HH from Lusaka without considering other issues before the court? Ni hate yashani mwakwata kanshi? Some of you don’t even know what your children will eat this evening or whether they will learn the whole day on Monday because of non payment of school fees. But muli nganganganga with things you dont even understand. Stupid ******!

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    • @3.1 Good point my friend, a lot of these ediots supporting this dictatorship have nothing to loose. What’s most disappointing is that most Easterners have blind loyalty at the expense of the country.

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  3. The Judge should concern herself with the availability of the accused for Court proceedings.

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  4. Good call madam Senior Magistrate…..We’re not short of voices of reason after all!

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  5. It is a fair ruling on the part of the responsible presiding officer. The illegal detention of HH at a correctional center in Kabwe is inappropriate for all parties in this particular case. The accused persons must adequately prepare for their court appearances by consulting with their attorneys on regular basis. It is very difficulty to fully prepare as an accused if the accused person is traumatised. Wish you good luck, brother HH. Viva UPND.

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  6. Military personal and Helicopter at work again, ”more money in government coffers”. I like it.

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  7. Munone you are an ***** of the highest order. You are cursed. You are evil and your evil ways will go down to your entire generation. They will never have peace.HH is innocent and the world knows that. Some of you who are finding pleasure in the way he is being persecuted will never find happiness in your miserable lives.

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    • @Munone! May the day you were born be cursed you sadist. For all the nonsense that you have been uttering against an innocent man God has been listening and you will surely be rewarded accordingly. A person cannot harbor such hatred against a person who committed no crime. You will see the power of God.

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  8. THIS ONLY APPLIES TO THE CASE IN WHICH THE MINISTER HAS BEEN CITED FOR CONTEMPT. AFTER THAT HEARING. HE WILL GO BACK TO MUKOBEKO. BESIDE IT IS NOT THE DUTY OF THE JUDGE TO TRANSPORT THE PRISONER. WHO TELLS HER THAT THE PRISON AUTHORITIES CAN FAIL TO BE BRINGING HIM EVERY DAY TO LUSAKA?

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  9. All these costs could have been avoided if people were rational in their decisions. How much is the state spending in transport costs?

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  10. These Bemba indiots Mumone/chisenga are tribalists. You will burn in hell. You need repentance you serpents.what kind of hatred is that? HH has no case and continue to accuse him you heartless m##€£¥kers

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    • @ken miti how do you know the two bloggers are bemba?why do like dragging the bemba tribe in everything even when there are no bembas envolved.stop your hatred for your neighbors, bembas in particular and have love for every human being.

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    • @Ken Miti my brother, let us not bring the tribal card in this, yes the case might be that some of the comments being made are nothing else but sentiments and emotional outbursts based on the primitive instincts of tribal bigotry, my concern is that the wholesale attack on a tribe is not only unfair but untrue. They are a lot of fair minded, decent, intelligent Bemba people who don’t agree with what is going on, they actually abhor the fact that injustice is being inflicted on their brothers and sisters, that is fellow Zambians in their name for the gain of a few doing it for their own benefit and not for the benefit of the Bembas and the rest of Zambians. I know the educated, wise, and Bembas of substance hate Bemba tribalism as much as they hate other tribalisms be it Tonga, Lunda,…

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  11. Ubuchenjeshi bwa nkoko…. This is just exposing the Sadistic PF party and their evilness! A wrong is a wrong. It does not matter if everyone is supporting it. What is right is right. It does not matter if no one supports it. This man has suffered enough. We cannot sit in silence when the political party in power chooses to abuses state power and institutions with impunity to settle political scores. All citizens deserve to be treated with dignity and respect irrespective of status in Society. That is the modus vivendi in civilized societies!

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  12. This is really laughable!!! When did it become the duty of a magistrate to decide in which prison a treason suspect should be detained? This dull magistrate should be preoccupied with making sure that the accused/complainant is availed before her on already set dates and times. As long as hakainde is availed before her, where he will come from is none of her business. I can assure you the state will NOT even bother to read this court ‘order’.

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  13. There are remandees in Lusaka who have not been transferred to other towns. I have not heard of a remandee who is supposed to appear in Lusaka courts and is transferred for example to livinstone or mukobeko.

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  14. chipantepante..when you have people who are vengeful and don’t think..thank you Magistrate Wishimanga..human rights should be respected..

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    • PLEASE UPND BLOGGERS LEARN TO READ THE LETTER BY THE JUDGE. SHE HAS GIVEN THE REASON WHY SHE WANTS THE REMANDEES IN LUSAKA. AND IT HAS NOTHING TO DO WITH HUMAN RIGHTS. SHE HAS EVEN GIVEN THE DURATION WITHIN WHICH THIS WILL APPLY. AFTER THAT, THE STATE MAY TAKE THE REMANDEES BACK TO MUKOBEKO.
      ANY WAY, MUKOBEKO OR CHOMBOKAILA , ALL ARE PRISONS.

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  15. HH OVAL HEAD – This is not a treason case it is a contempt of which HH is suing the Minister, logically it is ok for HH to be in Lusaka for easy of appearing in court. But you morons (UPND) you shouldn’t start cerebrating over that he is bound to go back to Mukobeko after this case, moreover he will still be indentation. This is like preliminaries to prolong the treason case meanwhile he will be staying in jail.

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  16. The warrant to have HH remanded in prison or domiciled prior trial shows Lusaka Central Prison. Never has been an application to vary the warrant by the state made to the court for security reasons.
    To move the remandees from one prison to another without the full knowledge of the court , accused’s lawyers is a travesty of justice.
    Gentlemen and ladies , imagine you are a lawyer for the an accused person namely Mushota and she happens to be your relative, The state decides to move the client to another prison without your knowledge, You will be disappointed and wonder the motives…
    Any way, I told Bloggers that there is no case here……The DPP is in a quagmire as the state does one thing which she is not aware and she is expected to defend their wrong actions….
    DPP just…

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    • This is a different matter. Remember HH has countless cases in which he has sued and in others where he has been arrested…This is not the treason case.

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  17. DPP just enter a nolle before the state embarrass itself further.
    A good leader normally accepts a mistakes he makes as act of humility.
    A nolle is good for a fresh start leading to reconciliation…
    No need to accuse Honour Washimanga as corrupt .
    Many state advocates are not willing to handle the case because they are seeing an evil hand behind the case…
    He who comes to equity must come with clean hands

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  18. Just by reading the comments you can tell there is so much hate for one another among the people of Zambia. The image we have outside is a facade.

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  19. Sometimes I cry!
    The Magistrate does not know the following”
    1, There is no Mukobeko Maximum Prison anymore but there is Mukobeko Maximum Correctional Facility
    There is no Commissioner of Prisons but there is the Commissioner General of the Zambia Correctional Service etc.
    How can the magistrate fail to address people accordingly? As the letter stands it is not addressed to anybody because the institution addressed doesn’t exist and the officers mentioned do not exist. Worrying.

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    • Name change yes, hangman’s paradise it is still. Besides what does ‘maximum correctional facility’ mean. The name is nonsensical

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  20. I AM NOT A LAWYER, NEITHER AM I A JUDGE. THE HONORABLE JUDGE HAS GIVEN HER REASON FOR ORDERING THE REMANDEE’S TRANSFER TO LUSAKA. SHE HAS SAID:
    “so as to enable them (remandees) attend the said proceedings from day to day thereafter until the proceedings before me are disposed of and finally determined”
    THE REASON GIVEN BY THE JUDGE IS VERY FAULTY AT LAW. IF THE STATE JUST WANTS TO PUNISH HH BY TAKING HIM TO MUKOBEKO, IT CAN EASILY APPEAL THIS KIND OF ORDER IN THE SUPREME COURT BY ARGUING THAT THE HONORABLE JUDGE MISDIRECTED HERSELF BY IMPLYING THAT THE PRISON AUTHORITIES WILL BE FAILING TO PRESENT THE REMANDEES WHENEVER SHE NEEDED TO PROCEED WITH THEIR CASE UNLESS THEY ARE HELD IN LUSAKA.
    I PERSONALLY WOULDN’T LOVE THE STATE TO PUSH THE CASE THAT WAY. LET THE MAN BE KEPT IN…

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  21. -continued-
    I PERSONALLY WOULDN’T LOVE THE STATE TO PUSH THE CASE THAT WAY. LET THE MAN BE KEPT IN LUSAKA. HE HAS LEARNT A LESSON. MY ARGUMENT IS THAT THE LEARNED HONORABLE JUDGE HAS MISDIRECTED HERSELF. UNLESS THE PRISON AUTHORITIES HAD CATEGORICALLY ADMITTED THAT THEY MAY NOT KEEP UP PACE WITH HER CASE HEARING OR SITTINGS.

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    • Or if the State continuously failed to avail the accused before the court on time or days of trial.

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  22. The Commander-in-chief gave orders for ZAF to fly HH to Mukobeko. Immunity with abuse of power before the LAW . . .!

    This is no sense in my country.

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  23. Just for education purposes: can someone with legal knowledge assist some of us who dont know how this works ?

    Until convicted, every person is presumed and is innocent. Whilst awaiting trial you are remanded. One convicted you are imprisoned. Chimbokaila Lusaka is for remand. Mukobeko is for serving sentence.

    Is this correct ?

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  24. The court is also being used to punish him I think what will happen now is that the state will argue and the court will revert say let him go back to Kabwe this is mentally tourchering him

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  25. HH’s family lives in Lusaka, all his cases are going to be tried in Lusaka, his Lawyers are in Lusaka, Concourt and Supreme Courts are domiciled in Lusaka. There was no logic to transfer HH from Lusaka to Mukobeko Maximum Prison. Lungu just wanted to torture,humiliate, dehuminise etc HH. This is the work of Dictator and Sadist Lungu and his Criminal Advisers. The Transfer from Lusaka to Kabwe was very expensive for the State but persecuting HH is a priority to these Torcherers. With such a waste of money IMF Board would never extended a Loan to Zambia 6which will be abused to persecute HH and other Opposition Parties. Lungu is abusing State Institutions to settle scores with his Opponents. Let HH and his co-accused be transferred back to Lusaka and be released from Jail. HH and his…

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  26. This is now so sickening to even read about, what were they thinking in the first place? Now tax payers are footing the bill on unneccessary expenses.

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  27. Only God knows what will happen
    We all don’t know what will happen on the unknown day/Month/year. Thanks

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  28. Mukobeko is for serving a sentence once convicted. Chimbwakaila is whilst on remand. You are just showing how much vengence you have. The world is laughing at the cruel and evil regime. Brave magistrate This just exposes the insecurity that some people have

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  29. Why Ireen? Is he your boyfriend? He is married isnt he?

    Let him stay at Mukobeko, what tells Magidtrate Ireen that hers (contempt of court) is the only case U5 is attending? There is a much bigger criminal case of a high NATIONAL security nature (TREASON) that Kaili-1 is attending that requires him to be kept in secure facilities compared to that ka little matter before Ireen which can wait unti next year or even 2021. Self importance these two!

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  30. Some of you zambians are sick. HH is suffering so that you may have good lives. An innocent man is suffering under this brutal dictator. Many of you are out of touch with reality.

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  31. 37 Hamulombe, Kaili-1 is suffering so that we may have good lives? You must be a UPNDonkey to think like that, maybe he is suffering for you and himself but certainly not for the majority of Zambians. He starts what he thinks will lead to a crisis in Zambia so that he can slow down the development of this for his selfish reasons and you s..tupiod donkey can dare tell me that nonsense? How any normal person take himself to Mukobeko all because he thinks that he received 49% of the vote and not the 47% that he was given bt EVZ and international observers? Ka 2% lands him in Mukobeko and he thinks that we should all stop what we are doing and cry fir him? Who does he think he is apart from an underfive donkey?

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  32. Judge wrong on this ruling, state should appeal! All treason accused are kept to Mukobeko and transported to Lusaka on dates of hearing! Remember Edward Shamwana, General Kabwe, General Miyanda, and not very long ago former President Kenneth Kaunda, who was even visited by late Tanzanian President Julius Nyerere while at Mukobeko! So HH, whether his family is in the UK , Shangombo, or Malawi, he’s supposed to remain at Mukobeko by law!

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