The Zambia police have failed to take United Party for National Development’s (UPND) Incarcerated leader Hakainde Hichilema to hear the case before Lusaka Magistrate Ireen Wimashanga in which she sued Minister of Religious Affairs Godfridah Sumaili for contempt
Magistrate Wishimanga last week ordered the prison authorities and police to transfer HH to Lusaka but the police simply ignored the order.
Below is what is happening in court
Magistrate Ireen wishimanga takes seat Godfridah sumaili takes standEric Silwamba for the accused and Mariam Bah of the NPA applies that thestate wants to take up the matter pursuant to article 180 4 (b) Magistrate adjourns and calls the attorneys into chamber.
Both sets of lawyers are back from the chamber but lawyers for the complainant and state advocates go back to confer among themselves.Silwamba is in the courtroom while sumaili remains in the accused doc.
Keith Mweemba takes to the floor and mentions the case. Section 199 of the CPC requires that the complainant be present in court or at least the legal representation.Being the case,we cannot put the cart before the horse and begin to bring out issues in the absence of the complainants.
There is a clear order of this court dated 16th June directed to the commissioner
of police Lusaka province,commissioner of prisons and his deputy,officer in charge for mukobeko and Lusaka central facility under the hand of this court. This order has not been complied with.
The constitution is very clear.We cannot come here and start advancing arguements on the point of law when the complainants are not before court. We Did serve and filed and affidavit of service.
There is an acknowledgement of receipt where it was categorical that the complainants needed to be in court as to whether the authorities have chosen not to bring the complainants out of contempt of this court or any other reasons,am incompetent to state.
We ask the court to demand for a response before we go into other issues such as
the DPP taking over the case as we have something to say Gilbert
In the interest of preserving the integrity of this court and judicial system,the order of this court is a foundation issue and we submit that no further proceedings should ensue henceforth until the complainants are brought before the court We apply that this matter be stood down probably to the afternoon to enable the complainants be before this court.
That is our argument