The matter in which UPND leader Hakainde Hichilema and his vice Geoffrey Bwalya Mwamba are appearing in the Luanshya magistrate court has been adjourned to September 18,2017 after the duo reported sick.
This is in a matter in which the duo is charged with three counts of seditious practices and unlawful assembly contrary to the laws of Zambia.
In count one and two, Mr. Hichilema and Mr. Mwamba were charged individually with seditious practices contrary to the laws of Zambia.
In count three, the two were jointly charged with unlawful assembly contrary to section 75 as read with section 74 of the Penal Code and regulation of the Public Order Act.
Particulars are that the accused number one, Mr. Hichilema, 54, of house number 14/38 Sable road Kabulonga on September 26 ,2016 in Mpongwe did conspire with others unknown to bring into hatred, incite violence, resistance, and disobedience to the administration of the elected government of Zambia by uttering words namely “nga taba mufumishe Matambo, epo ulubuli lwalatampila (if they do not release Matambo, that’s when the fight will start)”.
In count two, Mr. Mwamba, 57, of house number 10 Roan Road, Kabulonga, was charged with seditious practices.
It is alleged that on September, 26, 2016 in Mpongwe, accused number two, Mr. Mwamba did conspire with others unknown to bring into hatred, incite violence, resistance, and disobedience to the administration of the elected government of Zambia by uttering words namely “ifwe pano nga ba UPND tufwile twakana iyi government yakwa Lungu; ngabamyeba ati kuli ama meeting yaba Lungu mulekana, pantu president wesu ni HH (as UPND, we should reject Lungu’s government. When they tell you that there are going to be some meetings chaired by Lungu, don’t go there because our president is HH)”.
In count three, it is alleged that on September 26th 2016 in Mpongwe being in a public place jointly and whilst acting together with others unknown the duo did convene, assemble unlawfully with intent to carry out some common purpose without notifying the regulating officer.
When the matter came up for continued trial today, the defence informed court that the two accused were unable to attend court.
Defence lawyer Mulilo Kabesha presented two medical reports for the accused.
“First accused person is undergoing medical attention and we have medical reports from Lusaka Trust Hospital which gave him five days as being unfit for work starting from 24 August 2017,” Mr Kabesha told the court.
“Second accused has been unwell and was initially admitted to CFB, and given sick note indicating that he was unfit for work. We have information that his condition is not improving and has since been taken out of the country for further medical attention. We apply for an adjournment, that being the case.”
The state did not object to the application by the defence team of Mulilo Kabesha, Tom Shamakamba and Chimuka Magubwi.
Magistrate Mbuzi then adjourned the matter to September 18, 2017 for continued trial.