It’s not a nolle, says Jackie Mwiimbu as he declares that UPND election petition is still before the court

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UPND president Hakainde Hichilema (left) interacting with his lawyer Jack Mwiimbu
FILE: UPND president Hakainde Hichilema (left) interacting with
Jack Mwiimbu

Opposition UPND Legal Counsel Jack Mwiimbu has clarified that what the Director of Public Prosecution has done is not a nolle prosequi but that the treason charge has been dropped in in the public interest.

Mr. Mwiimbu said a nolle can only be entered under Section 81 of the Criminal Procedure Code, adding that the DPP has acted in pursuant to article 180 Sub Article 7 of the Constitution of Zambia.

“A nolle prosequi is entered under section 81 of the criminal procedure code. This allows the DPP to enter a nolle and later re-arrest, but that position is quite different, the DDP had decided to discontinue the case pursuant to article 180 sub article 7 of the constitution of Zambia, which gives the power to the DPP to discontinue any action due to public interest, the integrity of the judicial system and to prevent abuse of the legal process, totally different from a nolle, and that is what she has done,” he said.
Mr Mwiimbu said that that what this entails is that all charges have been dropped and cannot be brought back to court.

And Mr. Mwiimbu has held that the matter of the petition is still in court and the legal team will wait for instructions from the client if there will be any.

He expressed happiness that the charges had been dropped and that their client was out of prison.

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45 COMMENTS

    • HH will soon commit another serious crime. He still looks and sounds pompous.

      Thanka

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    • Thank you shadow justice minister Hon Mwiimbu . You have really clarified the matter better than I could have.

      Now upto Lungu to demobstrate tgat he has reformed by arresting all PF thugs chopping UPND members at grave yards and fire Kapyongo, Mumbi ,Kamba and kaiser must go in the public interest.

      VIVA HH AND UPND.

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  1. MR MWIIMBU IS A TIME WASTER. THE STATE HAS EXTENDED AN OLIVE BRANCH TO YOU AND YOUR INCARCERATED LEADER TO OPEN A NEW PAGE. SO THE CHARGES WERE DROPPED WHETHER BY ARTICLE 79, 80, 81 OR 82 OR 100 IS NOT THE ISSUE. IN FACT WITH HIS BEHAVIOUR, HE IS CAPABLE OF BEING ARRESTED AGAIN BECAUSE HE WILL BREAK ANOTHER LAW SOON. YOUR PETITION IS NOT BEFORE ANY COURT. ECL IS REMAINING WITH 3 YEARS AND SOME MONTHS TO FINISH THIS TERM AND YOU ARE STILL TALKING ABOUT A PETITION. PLEASE START CAMPAIGNING, PER ADVENTURE YOU MAY PERSUADE SOME VOTERS FROM THE 6.5 PROVINCES TO GIVE YOU SOME VOTES IN 2021.

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    • Most nolle prosecui i have heard, trial started, then during course of trial a nolle comes, but this one not even trial started, it just ended on HH vehemently stating that he is not guilty.

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    • Sorry you are the time waster take time to watch local news …. the Minister of information who is also Government spokes person said that the decision to enter a Nolle was purely made by the DPP and the President had nothing to do with it and those insinuating that it had to do with “talks” are misled. So I am not sure what Olive branch you are talking about. Are you saying the DPP alone extended the olive branch ?? And by the way what Law did HH break? You can not give such preposterous statements without backing…. that is why all your cases are failing in Court… Mwaliteta, GBM and other incarcerated UPND members none has been convicted. U want to hide under the veil of the state to abuse powers and issue Baseless propaganda and declaring SOEs

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  2. This Jack Mwiimbu is a problem. We know you are a lawyer, but then be reasonable enough.What is he trying to achieve at the end. Let him preach peace than bringing those legal interpretations. Lets bury the issues and forge ahead. Peace is trhe cardinal thing in this mother land. HH, please preach peace and not challenge the nolle prosequi and election results. We love you HH.

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    • How can there be Peace when there is no JUSTICE?

      When State Institutions are abused to further nefarious deeds? To harass and persecute innocent people? To subvert the true will of the people by rigging elections?

      PEACE can never be gained by such evil.

      Let the PETITION BE HEARD!

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  3. Whatever the DPP did it was meant to free your tribal leader period. You must be happy that he was pardoned in a logic way otherwise it would have taken years to conclude the trial. First ever celebration since upnd was formed.

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    • Pardoned my ass!! Your tribal country just had no reason to hold him any longer…your lawyers failed…period!!

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  4. So the petition is before which Court? Concourt, ICC, High Court, Magistrate Court, local court or what?

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  5. We want to have a fresh start where your tribal party will have respect for authority and not behave as if there is no government in place. You were busy enjoying sex with your wives while hh was being screwed in the anus by those notorious mukobeko jail birds. Provide sound advise to your client so that he does not get arrested again. We want him to contest in 2021 so that this time he loses without any question marks. Advise him to stay away from people like GBV, Kambwili and Laban Mwenya Musenge as those cannot win him any votes in Bemba and Ngoni lands. there are a lot of decent non tonga or lozi politicians that upnd can work with instead of the frustrated trio mentioned above.

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  6. All this points to one thing: HH HAS NO POLITICAL BRAINS TO PROPERLY ADVISE HIM!! Whatever happened yesterday is not an indication that there is a struggle against a tyrannical government but a brokered reconciliation process which will allow the upnd in particular to re-strategies. It seems it is the same old impotent strategists that landed him in trouble in the first place that want to take him there again. This is really a sad state of affairs for the upnd!!

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    • @9 Zambian Citizen..It is a SAD STATE OF AFFAIRS for the COUNTRY, ZAMBIA. These guys in UPND mean no good as they always see confrontation as a way to do politics that they MISTAKE PEACE, RECONCILIATION and need for BROTHERHOOD as a WEAKNESS!!

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    • @Zambian Citizen,
      @Bwafyaa,
      Mr Jack Mwiimbu has grounded his clarification in the Statutes of Law he has quoted. If you two are well-meaning mature adults, please advise where he is in breach of the quoted Statutes, and why?

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  7. Thumbs up JACK mWIIIIMBU the position for UPND is that yes treason charges are dropped , we did not trade Treason Charges WITH 2016 election integrity big NO, HH said clearly he is ready to go back to jail any minute if wanted even his vice the great bag of manure said so, bola elo yayamba bane …WE CANT TALK PEACE WHEN U STOLE THE VOTE AND U DONT EVEN WANT TO BE HEARD IN COURT ALA BANE MWAYA SANA

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    • Where was the vote stolen? Are you in Zambia or what, you people take peace for granted just to appease your egos all this is because you make yourselves to be a special tribe which you are not, if anything each day which comes you are proving to be very primitive to say the least.

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  8. UPND should just discontinue its case before the court and instead focus on 2021. Let all well meaning Zambians forget about the past and move forward, Lets us examine ourselves and reflect on our deeds and if we indeed are leading lives of true Christians, muslims, hindus etc forgive each other. Let the authorities be improve conditions in our correctional facilities. You never know what will befall you the next day. In fact any normal person is potential prisoner. God Bless the people of Zambia. LET THEM LIVE IN PEACE AND RESPECT EACH OTHER AS HUMAN BEING CREATED IN THE IMAGE OF GOD. AMEN.

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  9. Mr Jack Mwiimbu seems to be interested only in the legal fees that he is reaping from the Supreme Leader HH of the UPND and nothing else…

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  10. This is the results of nepotism i.e. putting that lady as DPP based on umodzi kumawa when she is a novice who does not even understand her office. She thought she was entering a nolle prosequi but not she has been exposed because it is not. She has failed as a lawyer and it speaks volumes about her.

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  11. UPND Legal Counsel Jack Mwiimbu is possessed with spirits of money, confusion and hatred.Zambians should pray for him so that all the spirits can be exorcised from him,then he will be thinking with his heard clearly and not with his hungry tummy.Apart from running UPND and paying JM legal fees,HH has a family which needs him.He has been away for quiet some time now.So JM should stop confusing HH & the masses cause the result wont be good taste in his mouth.He even failed to apply/secure house arrest for HH and today he’s talking utter rubbish.

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  12. Mwiimbu lying to his co- tribal fox (Tongans) hh God was released from Jail for the sake of peace in this country NOT to have Fake petition-heard..to remind you ,2021 is coming for TRUE DUAL ALLIANCE is coming From (north & east) in their battle fields of Lusaka and Copperbelt province.I think you know it and it started in 2015.

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  13. Mwiimbu lying to his co- tribal fox (Tongans) hh God was released from Jail for the sake of peace in this country NOT to have Fake petition-heard..to remind you ,2021 is coming for TRUE DUAL ALLIANCE is coming From (north & east) in their battle fields of Lusaka and Copperbelt province.I think you know it and it started in 2015.

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  14. Hearing of the petition is a step towards reconciliation as agreed by the woman from the Commonwealth.

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  15. HH’s release from prison reminds me of the Biblical story of JESUS CHRIST versus Barabbas.People opted for the thief.They shouted on top of their voices Barabbas! Barabbas!. In wanting to please the crowd Potipher(in our case DPP) washed his hands and incorrectly released Barabbas the thief who was also even shocked by the decision of the Authority.In our case its Zambian law vs HH.

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  16. Well done Mr. Jack Mwiimbu for clarifying on the matter, and in accordance with the Statutes of Law.

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  17. Look who is talking about tye dead “petition”. Was it not this same UPNDonkey Jack Mwiimbu who was head of underfive’s petition legal team which abandoned their client at the last minute last year at the Concourt. I know these are UPNDonkeys but they never cease to amaze!

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  18. Terrible the same petition you laughing at is going to haunt Lungu in the future. You ignored a greater part of our Constitution and abused the 14 day part to your advantage. The constitution Lungu signed is for the country and not for PF to abuse, the petition is not dead and it can be brought up or revisited later on and your Lungu will spend the last days of his life in jail. that daughter and wife of his busy abusing our resources while many are complaining of a bad economy will also have to repay for what they are stealing daily. Terrible you idol is nothing but a thief and it’s showing. Kambwili brought up a good question about Lungu’s wealth how did it increase so much in year.

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  19. Since hh has been to more than one Police cell, more than one Prison Correctional facility i suggest hh to take leave and let’s have Jackie Mwiimbu substitute hh as a perpetual political law breaker. And i hope he has money to get lawyers the day he will in custody maybe at Kalingalinga Police Post Cells.

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  20. These blood-sucking lawyers were taken by surprise when the Nolle was announced coz they would have seriously reaped ! So the last grab at the straw is by insisting on the ‘Petition’ coz it has serious bucks ! I wont be shocked if HH restrategises by withdrawing the petition . Nkani izibika bane

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