State disobeys court order to bring UPND president Hakainde Hichilema back to Lusaka

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Hakainde Hichilema as he was being transported to Chimbokaila Correctional Centre
Hakainde Hichilema as he was being transported to Chimbokaila Correctional Centre

An explicit court order issued last week by the Lusaka Magistrate Court to Commissioner of Prisons Percy Chato and Officers in Charge at Chimbokaila and Mukobeko Prisons to bring Hakainde Hichilema and five others back to Lusaka has been disobeyed.

This came to light this morning in the Lusaka Magistrate Court in the matter in which Religious and National Guidance Minister Godfridah Sumaili is accused of contempt by commenting on the treason case involving Mr. Hichilema and five others.

When the matter came up this morning before Magistrate Ireen Wishimanga, Lawyer representing Mrs. Sumaili Eric Silwamba wanted to proceed with preliminary issues but was quickly interrupted by Mr. Hichilema’s lawyers who objected that the matter cannot proceed without the complainants Mr. Hichilema and five others present in court.

Lawyer Marshall Muchende submitted that Mr Chato and the two prison officers be cited for contempt as this is the only way the court will maintain its dignity.

And Keith Mweemba said the failure by the state to respect the court order is an insult and disrespect to the court.

And Magistrate Wishimanga has since adjourned the matter to Wednesday and ordered that Mr. Hichilema and five others be brought before court at 12:30 Hours.

She however failed to cite the prison authorities for contempt saying she will give a benefit of doubt to prisons officers to follow the court order adding that failure to do so she will cite them for contempt.

70 COMMENTS

  1. +2
    -18
    vote

    Does he look brutalized. Ubufi bwamba bwakwe uyu. The government is equally clever. Ama cases alefuma my jail mwanya.

    • +3
      -28
      vote

      That judge had no jurisdiction over this highly sensitive matter
      She needs to be REMOVED

      It is right, that it has been ignored

      HH staying in Mukobeko is the right thing and is synonymous with a case he is carrying

      Let us support the state with that decision

      I hold a phD

      Thanks

      BB2014,2016

    • +8
      0
      vote

      @Team Edgar,
      Have you even attempted to first read and understand what the subject of this report is, then blog or just rushed to blindly say something? Ala mune uletala wabelenga waumfwa umutwe welyashi, elyo walandapo. How old are you? Bushe bukopo nangu bulwele wakwata?

    • +9
      -2
      vote

      HH might not be in physical state of facing the public. Send him to UK for treatment.

    • +10
      -1
      vote

      Muzamvela ati the Commissioner General was in Lusaka attending to other state issues. What a country!!!!

    • +7
      -2
      vote

      Mushota, I know it may sound to be ok, but you cannot use the word synonymous in this regard. Corresponding or commensurate are better replacements.

      I can forgive you Ichisungu isn’t your first language

    • +4
      0
      vote

      Total breakdown in law. If courts cannot sort out things then what next?Mumbi is the one to mint justice? PF you are busy destroying this country.

  2. +22
    -3
    vote

    if any one had any doubt that this case is political…there it is. it was so easy to fly HH to Mukobeko now there is a problem bringing him back? God is watching bane.

    • +8
      -2
      vote

      Yes God has always been watching africans become colonised,africans enslaved,africans commit genocide,africans starve to death,africans die of disease and he just watches.Hakainde in jail and He is watching lmao.the point am making is this.dont you think its about time we got off our behinds and started doing things for ourselves rather than wait for an invisible man in the clouds to watch.e docility beba iyo. europeans come and plunder your resources imwe ati God is watching.kwaliba watching for thousands of years wikelefye ndwiii.buti from their bible,when the children of israel were in distress he didnt watch, he parted the sea for them to cross.maybe we need to pray to our own Gods who will make it rain like when chief monze prayed rather than watchin

    • +6
      -3
      vote

      Wake up from your docility..what God is watching is it TV? Its you foools who are sat there watching …if only Zambians knew how powerful they are as one

    • vote

      @3. ine wine, well spoken.
      @Jayjay/zagaze,
      “God is watching” (Lesa ala mona – Bemba, Leza ula bona – Tonga, ….etc…) is a direct translation from many African languages in sub-sahara Africa, and carries a well-meant sombre and serious reminder and warning directed at ‘ubuntu’ in us. In case you are not aware, there is no equivalent word in English for ubuntu, (meaning:- I am, because you are). The depth of meaning is so huge some people struggle to get their heads around it.
      So, @ine wine, well spoken.

  3. +2
    -10
    vote

    Imwe!!! Don’t you know that pa weekend no one was working? It was not possible to buy petrol ya ndeke. He will be brought at the right time when the plane refuels.

  4. +3
    -9
    vote

    Iwe there was no “Kasalanga” at the time. He will be taken there on Wednesday! He is actually safe at Mukobeko Prison.

  5. +2
    -14
    vote

    A magistrate is too junior to overrule the High Court decision. Police are right to keep the UPNDonkey master at Mukobeko.

    • +5
      -2
      vote

      What high court decision? Would you please enlighten us on what decision the high court made. Are we in the same country?

  6. +10
    0
    vote

    She however failed to cite the prison authorities for contempt saying she will give a benefit of doubt to prisons officers to follow the court order adding that failure to do so she will cite them for contempt.

    • +7
      -2
      vote

      Benefit of doubt? Just a few weeks ago a state witness lied in court in the insult case, again the judges gave the the benefit of doubt, it’s so amazing that even the judges are scared of cadres.

  7. +11
    -2
    vote

    Ba PF, enjoy your dictatorship for as long as it lasts. Every dog has its day and nothing under the sun lasts for ever, especially mortal humans and their unjust systems. Remember he who rises by the sword and also that who lives in a glasshouse…

  8. +4
    -10
    vote

    Job well done ZCS for keeping HH in Mukobeko.that Wishimanga thing should be ignored.Look at the Lawyer representing Hon.Sumaili-SC Eric Silwamba!!can Keith Mweemba and mathar Mushipe challenge Eric Silwamba SC?NEVER!!i guess even Prof.P.Mvunga,Sakwiba Sikota,Bonaventure Mutale are behind Mr Silwamba!!
    ONCE HH’S TREASON TRIALS START IN HIGH COURT AND IF ZAMBIA’S ” A TEAM” LEGAL TEAM REPRESENTS GOVNT,HH’S LAWYERS WILL DANCE “PELETE!!” IN HIGH COURT!!GAME ON!!

    • +1
      0
      vote

      @Njimbu: Despite preaching to us about Rule of Law, the mighty PF is plainly not adhering to the Court Order. How are we as citizens going to have confidence in the Judiciary if their decisions can not be adhered to by the Executive arm of Govt? Is the Rule of Law only applicable to those not singing praises to the ruling Party? Are the Police and Prisons acting with impunity on their own or there is an invisible hand? Just a concerned peace loving non partisan citizen. Let’s all ensure justice for all citizens regardless of race, tribe or political affiliation.

  9. +7
    -2
    vote

    When People say Zambia is now a Dictatorship and a Failed Police State this is what mean. Dictators have no Respect for Court Orders and Rule of Law. The Court Order was very clear. HH and 5 others should have been transferred from Mukobeko to Chikombaila in Lusaka but Kaizer Zulu blocked the Transfer. They want to torture HH further or kill him as they please.

  10. +5
    -3
    vote

    What are they are trying to hide? The marks of brutality written all over HH’s body and those of his co-accused? WICKED PF SHOULD KNOW THAT BY MISTREATING HH IN THIS MANNER THEY HAVE OFFENDED HH’S SUPPORTERS WHO ARE IN THEIR MILLIONS!

  11. +6
    -2
    vote

    Even a toddler now knows that HH is being persecuted by the heartless PF regime. We are now waiting for the outcome of judgment/ruling which we believe will go a PF way. There is no need for courts in Zambia because the PF have assumed all powers: they are persecutors, prosecutors, judges, arresting officers, name it the list is endless. Good save Zambia?

  12. +5
    -2
    vote

    History has provided lessons about Oppressive Regimes: You do not OBEY an oppressive regime. You RESIST an oppressive regime. UPND and all well meaning Zambians should resist PF Oppression. It was a big mistake for UPND to have allowed their President to be arrested in the first place. This illegitimate PF regime is oppressive which should be resisted using all means possible!

  13. +3
    -3
    vote

    THIS IS A DEAL GONE WRONG. UPND SCHEMED TO DENT THE IMAGE OF THE PF GOVERNMENT BY BLOCKING THE PRESIDENTIAL MOTORCADE SO THAT HH CAN LAND IN JAIL. THIS SCENARIO THEY HOPED TO USE AGAINST THE GOVERNMENT TO THE INTERNATIONAL COMMUNITY. IN THE HOPE THAT THEY CAN FORCE A GOVERNMENT OF NATIONAL UNITY ON ZAMBIA. BUT THE PLAN HAS FLOPPED. HH HAS ENDED UP LANGUISHING IN JAIL ALONE. NOW THEY HAVE BEEN TRYING TO PLAY A FAST ONE ON OTHERS. TO LOOK FOR A BETTER PRISON, THEY FORCED THE JUDGE TO ORDER FOR THE TRANSFER OF HH FROM MUKOBEKO TO LUSAKA. AND SHE GAVE A VERY FLIMSY REASON. SO THAT HH CAN ALWAYS BE AVAILABLE WHENEVER SHE NEEDED HIM FOR COURT SESSIONS. NOW THEY HAVE MET THEIR EQUAL. ALL THE SCHEMES HAVE NOT YIELDED ANYTHING. THE EU THEY PICKETED HAS RELEASED EVEN MORE MONEY FOR ZAMBIA. IF YOU…

    • +5
      -1
      vote

      Stop wasting your talent, pen down a fictional story book, Hollywood will be interested and bang, you might be the newest millionaire in town, not this diarrhea you are puking.

    • +2
      0
      vote

      Chisenga clap up man. That is not the reason HHis in jail today; it is a political reason about not recognizing ECL. the relegious minister mumbi phiri Ecl himself all said it was the not recognizing ECL. what are you ranting about the motorcade thing that has made us greatly embarassed internationaly.

  14. vote

    -CONTINUED-
    IF YOU TREAT OTHERS FOOLISHLY YOU ALSO WILL BE TREATED FOOLISHLY. THE TRANSPORT TO TAKE HH TO COURT BROKE DOWN AND WAS TAKEN FOR REPAIR. NEXT TIME THERE WILL BE NO FUEL AT THE OFFICE FOR THAT VEHICLE. AND THE CORRUPT JUDGE WILL KEEP ON ADJOURNING THE HEARING.

  15. +3
    -1
    vote

    Njimbu, mwata… be sober. The state can not engage private lawyers without DPP ‘s consent. Eric Silwamba is as good as other lawyers.
    The whole point is that the state is very disorganized in that they are unable to bring to court someone in their custody yet they have ZAF, POLICE, PRISONS and COURTS under their control. One man against state machinery and fail a small duty of bring him to court. Shame on the justice system.
    If Njimbu is accused of defiling my child, I will ask the state to expedite the case in a fairer manner than shout for him being detained indefinitely without njimbu’s presence in court.
    I would rather let an enemy be fairly tried before the courts than condemned him to death without trial. If my enemy is innocent, I will not bother to disturb his rights.

  16. +1
    -3
    vote

    UPND, your anger will not take you any where. If HH was wise enough as we speak now, he was supposed to be at Radio Phoenix campaigning, but he has chosen to be at Mukobeko. Kikkkkkkk!

  17. +2
    -1
    vote

    Timely message to:- British High Commissioner to Zambia, Mr. Fergus Cochrane-Dyet
    Dear sir,
    I know I speak for many here in Britain that as a TAX payer in Britain, some of my TAX money goes to support the Zambian Govt on the understanding that it is Aid to develop Zambia. Let me make it clear that, as you will agree, the Zambian Govt is currently evidently misusing some of my hard earned TAX money to oppress democracy and rule of law, by evidently applying the law selectively. I do not consent for my TAX money to be used to sponsor partisan selective justice in Zambia.
    Let me make it clear, I did NOT sign up for my TAX money to be unlawfully used to blatantly oppress people in opposition with divergent views. You have an obligation to speak out when an injustice, part-sponsored by…

  18. +1
    0
    vote

    Southern Africa has been infested with two variants of cancers: (a) advent of a virulent STATE CAPTURE inoculated by a rich family (the Guptas) in South Africa; and (b) an infectious CARTEL comprised of a CONSORTIUM of rich men, pseudo-politicians, Religious Leaders, Lawyers, Judges and Magistrates in Zambia.

    The merits of the legal framework on which Magistrate Ireen Wishimanga based her decision to ignore a case that had been assigned to the High Court to prompt her issue orders that HH must be returned to Lusaka Prison require thorough FORENSIC INVESTIGATIONS. The DEC, ACC and other Security wings must switch on their investigative prowess to check the financial status of Ireen Washimanga. Zambia must root-out these deadly cancers.

    • vote

      Have you followed this case?THERE WAS NO ORDER BY THE HIGH COURT to remand HH and co accused in Mukobeko!!There was an order by the MAGISTRATE COURT to remand HH & co-accused at Lusaka Central Prison. It’s not the Magistrate who needs investigation, its the state for brazen disobedient of court orders.

  19. +1
    0
    vote

    Magwaza, your anger for UPND demonstrate that you and UPND are the same angry people. If someone insult you, you insult him back. You are not different. Who is more Christian between you and UPND? Listen to the comments of PF and UPND…..very pathetic…
    If PF and UPND bloggers could say such words before their children , I wonder what their children could say.
    Magwaza , do you tell me nobody in your extended family has stayed in prison is current in prison. You Kikkkkkkkkkkk potrays you are rejoicing over your enemy’s mistake. Read Romans 12

  20. +3
    0
    vote

    Mushota your comments do not appear like those of a PhD holder. I must be honest with you, the difference between your comments/sentiments and those of Mumbi Phiri is the forum on which they are made.

    • vote

      I’ve never commented on Mushota having long concluded that she/he is either a sacarstic joker or someone in urgent need of Psychiatric care. An academic is recognized by logic even if they are on the other side and they NEVER boast…so ignore

  21. 0
    -3
    vote

    @robmwale
    I’m not angry as think, but I Kikkkkkkk! for my brother to think he had won 2016 election, of which he has gone ahead to psychologically deceive you his followers. Advise him to concede defeat and campaign hard I can see him win come 2021.

  22. 0
    -2
    vote

    @robmwale
    I’m not angry as you think, but I Kikkkkkkk! for my brother to think he had won 2016 election, of which he has gone ahead to psychologically deceive you his followers. Advise him to concede defeat and campaign hard I can see him win come 2021.

  23. vote

    When a matter and criminal is in a higher court, a lower court has no jurisdiction. So only the hign court can now issue orders

  24. vote

    can we give these JUDGES DECENT NAMES PLEASE HOW CAN ONE BE A JUDGE AND U ARE CALLED WISHIMANGA ..IT MEANS U CANT SEND SOMEONE TO JAIL AND THE OTHER COCKROACH IS CALLED MUCHENDE ..UCHENDE MAKES ONE GO TO JAIL

  25. +2
    0
    vote

    Those who said that Zambia under Lungu have just been vindicated. Dictator Lungu and his Criminal Advisers have just ignored a Court confirming that Rule of Law,Constitutionalism, Good Governance and respect for Human Rights are now dead in Zambia. Lungu has just proved that he is an emerging Dictator and thats why he is inviting fellow Dictators to Zambia in search of Legitimacy.

  26. +3
    0
    vote

    And you call Zambia a Christian nation? Even countries which do not pretend to be Christians obey courts.

  27. vote

    If the judge is a UPND sympathizer and does not follow the law, then he or she must be removed!

  28. 0
    -1
    vote

    Dictators never hold elections and they are presidents for life!! I am just reminding the Under Five Card Party, they need to see deeper! Usually they don’t!

    • +1
      0
      vote

      Are you that naïve? Dictators hold fake elections all the time. Why do you think KK (remember vote yes or no) was in power for over 20 years? Not to mention Mugabe.

  29. vote

    Judge errored in ruling, treason accused persons are always housed at Mukobeko, as per law as of Zambia! So he remains there, in Kabwe! Remember Shamwana, super Ken! They were being transported from Kabwe to Lusaka for trials! Same applies to your HH! He’s not any special to Zambia laws!

    • vote

      Which section on the Law?Quote… you won’t find it, it doesn’t exist. The level of ignorance on this forum is shocking, we are commenting on something we haven’t followed or know very liitle about.

  30. vote

    Dr Mushota, you have represented my views very well and to the point: keep him in Mukobeko, we are safer that way.

    If the magistrate wants to ensure that U5 can attend her court I have a simple and practical solution for her: set up your court in Kabwe whenever you want U5.

  31. 0
    -1
    vote

    Now you UPNdonkeys, first things first. I want to ask you some questions.
    1. You share the responsibility with all other Zambians to maintain peace as well as ensure development in Zambia for the benefit of the people. Where exactly do you and U5 stand on this one.
    2. Surely “hearing” a dead petition because you wanted your votes to increase to 47.5% does not justify burning Zambia? Even failure to put U5 in power does not justify the war drums that ********** have been beating since they lost the elections.
    3. U5 was aware that his petition had died the very night he approached the Concourt to allow him to hire new lawyers to represent him.
    4. Otherwise you tell me why he pleaded with that Judge before midnight to give him more time if he did not believe that 14 days had…

  32. 0
    -1
    vote

    …..4. Otherwise you tell me why he pleaded with that Judge before midnight to give him more time if he did not believe that 14 days had elapsed.
    5. I mean he could have gone home for the night to the comfort of Mutinta’s warm hands and proceeded with a legal challenge to “hear” his dead “petition” the following working day after assembling another set of lawyers. So why persist at midnight if the 14 days had not elapsed?
    6. Similarly why did his lawyers abandon the “petition” if they equally did not think that the petition had died?

    Obviously now the leaderless ********** are so confused that they do not know where they are coming from. Instead now the **********’ hopeless fight is to release U5 from jail. They forget that U5 should not have been suffering like this if…

  33. 0
    -1
    vote

    Obviously now the leaderless ********** are so confused that they do not know where they are coming from. Instead now the **********’ hopeless fight is to release U5 from jail. They forget that U5 should not have been suffering like this if he had shown leadership to his donkeys and listened to good advice and try again in 2021.

  34. 0
    -1
    vote

    On a separate note, **********, your party is currently headless as U5 is safely locked up. I am sure you have a provision in your constitution that when the party president is unavailable for whatever reason somebody amongst fellow donkeys can be appointed to act as president of ********** so that he or she can guide the party members and leadership, this can be the vice president of the party, national chairperson etc according your constitution. But up to now more 65 days without U5 we have not heard that GBM is the acting president. Why? He is bemba ka? So Sejani principles would be violated. You could say its none of my business, but then not abiding by your own constitution or not allowing another member to act is ABSOLUTE BIG TIME DICTATORSHIP compared to the “small” dictatorship…

  35. 0
    -1
    vote

    You could say its none of my business, but then not abiding by your own constitution or not allowing another member to act is ABSOLUTE BIG TIME DICTATORSHIP compared to the “small” dictatorship that you always accuse others. Whenever Lungu is away even for 24 hours he hands over power to Hon Inonge, he trusts his colleagues and yet ********** will see dictatorship in him. How? Isnt U5 the dictator instead?

  36. vote

    NO ONE IS SYMPATHIZING WITH HH BECAUSE HE CALLED THIS UPON HIMSELF. IT IS NOT WRONG FOR HIM TO FAIL TO RECOGNIZE ECL. BUT IF BY FAILING TO RECOGNIZE THE PRESIDENT YOU START BLOCKING HIS MOTORCADE, YOU ORDER YOUR MPS NOT TO ATTEND PARLIAMENT, TO INSULT HIM ETC, THAT IS WHAT HAS LANDED THIS MAN IN TROUBLE. THERE ARE MANY WHO NDO NOT RECOGNISE EVEN TRUMP IN AMERICA. BUT THEY WILL NOT DARE TO PLA “CHA CHA CHA” WITH HIS MOTORCADE.

  37. vote

    MY DEAR FRIENDS DO NOT BOTHER YOURSELVES ABOUT WHO THE STATE LAWYERS ARE KING DAVID KILLED GOLIATH WITH ONE STONE GIDEON SENT A HUGE NUMBER OF GIANTS BACK HOME AND ONLY A FEW REMAINED AND DESTROYED THE MULTITUDE ENEMIES SO DONT LOOK AT NUMBERS AND PHYSICAL STATUS. BUT ONLY BELIEVE IN GOD. WHO CONSUMED KING HEROD EATEN BY WORMS WITHIN SECONDS WHAT A SHAME. CAREB AND JOSHUA HAD FAITH WHEN OTHERS THOUGHT AND SAID THEY LOOKED LIKE GRASSHOPPERS BEFORE CANAANITES WHO WERE GIANTS THE ANAKIMS AND ZANZUMITE GIANTS WITH SIX TOES AND FINGERS BUT ALL KILLED JOSHUA SO DO NOT LOOK AT WHO IS THERE WITH GOD NOTHING IS IMPOSSIBLE. OUR REDEEMER LIVES HE SHALL FIGHT FOR US HAVE FAITH GOD FIGHTS FOR THE WEAK AND OPPRESSED. HE SHALL STRETCH HIS ARMS. HE IS A CONSUMING FIRE REMEMBER THE STORY OF NA-BOTH

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