Fresher Siwale clocks 10 days in jail as Police fail to produce his docket in court

89
5,431 views

Mr Fresher Siwale and Mr Mike Mulongoti when they went to file a complaint to the Office of the Public Protector about President Lungu's identify recently.
Mr Fresher Siwale and Mr Mike Mulongoti when they went to file a complaint to the Office of the Public Protector about President Lungu’s identify recently.

New Labour Party Leader Fresher Siwale on Wednesday clocked exactly ten days in police custody after he was arrested and later charged with the offence of Defamation of the President.

This was after Mr Siwale and People’s Party President Mike Mulongoti raised questions about the identity and nationality of President Edgar Lungu on a live Prime TV programme.
Mr Siwale had been in detention for over seven days and was only charged on the fourth day after growing public pressure.

However, the state delayed to present him before court and when it did on Wednesday, Mr Siwale could not take plea as the state told the Magistrate that the docket was not ready.

He is due to appear in court on Monday for possible plea after which he may apply for bail.

During his court appearance on Wednesday, Mr Siwale appeared frail and weak and was accompanied by a handful of sympathizers among them Mr Mulongoti and Charles Milupi.

Mr Mulongoti described the treatment of Mr Siwale as a gross violation of human rights saying the offence of Defamation of the President is not a serious case that warrants denying bond.

Mr Mulongoti predicted that President Lungu will also face the same treason when he is out of office especially that he has allegedly committed more serious offences such as treason.

Meanwhile, the Civil Society Constitution Agenda says it is gravely concerned with the continued detention Mr. Siwale, by the Zambia Police Service.

CiSCA Chairman Bishop John Mambo said the detention of Mr Siwale is a clear contravention of the constitution, rule of law and human rights instruments by the current regime.

“The police’s continued incarceration of Mr. Siwale without presenting him before the courts on allegations that he defamed the republican President, Edgar Chagwa Lungu is against the provision of the Constitution. In Article 13, the Constitution demands that “any person arrested or detained shall be informed as soon as reasonably practicable of the reasons for his arrest or detention” and that any person who is arrested or detained and who is not released, shall be brought without undue delay before a court”.

Bishop Mambo noted that Mr. Siwale was detained without being charged for three days and after being charged in the fourth day, Mr. Siwale has spent close to seven days without being brought before the courts as provided for in the country’s constitution, the supreme law.

“With the foregoing, CiSCA finds appalling the failure by the Zambia Police to understand and respect the basic constitution provisions, first by keeping president Siwale for three days in detention without charge and later on after being charged, still failing to present him before court as the law established.”

He added, “This, in our view, is a clear violation of Article 13 (3) which demands thus: “if any person is arrested or detained upon reasonable suspicion of having committed, or being about to commit, a criminal offence under the law in force in Zambia is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.”

Mr Fresher Siwale and Mr Mike Mulongoti when they went to file a complaint to the Office of the Public Protector about President Lungu's identify recently.
Mr Fresher Siwale and Mr Mike Mulongoti when they went to file a complaint to the Office of the Public Protector about President Lungu’s identify recently.
Loading...

89 COMMENTS

  1. Suppose you are apply for a job and you are invited to an interview. On the date of the interview you turn up and the organisation that invited you says, “sorry , the interview will not take place because we cannot find the file containing the particulars you sent to us”. What would be your opinion of the organisation? The state arrested Siwale, charged him and chose to bring him to court on wednesday, 2 May 2018. How can they say they could not find the docket which they themselves are keeping? This explanation does not wash and I am surprised that the court tolerated it. This is banana republic system of justice.

    49

    4
    • The police are only doing their jobs.

      Let him stay incarcerated.

      Thanks

      BB2014,2016

      8

      42
    • Most bloggers supporting the MALAWIAN DICTATOR are actually Zambians of Malawian origin. If you & your parents ran away from Malawi due to Kamuzu Banda’s Dictatorship, why should you wish upon us?

      Go back to your country & take along with your despots Jonathan Padure Mutaware & Rupiah Banda.

      FREE FRESHER SIWALE, ABASH POLICE OPPRESSION
      FREE FRESHER SIWALE, ABASH POLICE OPPRESSION
      FREE FRESHER SIWALE, ABASH POLICE OPPRESSION

      40

      21
    • How can one claim to have a PHD and say the Police are just doing their job. But are the Police allowed to do their job outside the constitution? Basic Grade 4 question. How sad for Mother Zambia. In developed countries, such things cant happen, detention without charge outside the 48 hour provisions of the law IS NOT ALLOWED BY LAW.

      24

      2
    • The problem with Mushota is that she opens her orifice without using the grey matter in her cranium, how can violating constitutional rights by detaining a citizen for 10 days without a charge be normal. Ati the police are only doing their job! are you mad Mushota? You are an id1ot.

      13

      1
    • In my honest opinion, the IG Police shall be cited for breach of constitution and shall be charged and caged behind bars till judgment is delivered. The chap shall taste the bitterness of medicines that police force is dishing out to citizens.
      Same goes for Minister of Home Affairs.
      Same goes for arresting officer.
      Ignorance of law is no excuse.
      Fish rots from the head and that is where the solution to the problem lies.

      12

      2
    • @Cleaver hide your lack of general knowledge. Seems you have never heard of Guantanamo; it is in the hands of a very developed country.
      In any case, I don’t support detention without trial.

      3

      4
    • Lessons from Zimbabwe on violation of the Constitution and pledge that State institutions are not meant for partisan agendas;
      In a statement released by the acting secretary in the Ministry of Information, Media and Broadcasting Services Mr Regis Chikowore, President Mnangagwa said law enforcement agencies should be deployed only to maintain law and order.
      Mnangagwa’s disclaimer follows media reports that some aspiring candidates enlisted the services of the police and CIO in a bid to win in the primary elections.
      “There is a story in one of our local dailies alleging that ZANU PF abused police officers and other security agencies during its primaries over the weekend either as polling officers or running other party chores,” President Mnangagwa said.
      “The story creates the wrong…

      1

      0
    • Continued
      “The story creates the wrong impression that the alleged abuses were sanctioned by His Excellency the President, in violation of the country’s Constitution and against his own pledge that State institutions would not be partisan, thereby undermining their constitutional roles as impartial arbiters in the electoral process.
      “The story also suggests that it is the official policy of zanu-pf to enlist the involvement of security arms in party chores and processes. The President in his capacity as both leader of a political party and Head of Government wishes to make it abundantly clear to all and sundry that it is neither the policy of zanu-pf nor the direction of Government, through him, to deploy the police force or any arm of the security establishment in helping with any…

      2

      0
    • Kambwili is untouchable or he might even start feigning illness. Fresher Siwale does not no the tricks he will rot in detention.

      1

      0
    • Masauso, just like me I abhor what’s happening to Fresher. But people should not say in America this or that because even in that country there are people who have been held without trial for close to 20 years. Even the best lawyers have failed to have these people brought for trial. Constitution or no constitution, keeping a person without telling them why is inhuman. In any case a constitution is man made but a human being, being the image of God should be respected.

      2

      1
    • Our president is a lawyer and he has said nothing about someone being detained 10 days for his defamation! Now I believe those who accuse him of being unethical and therefore having stolen a client’s money

      2

      1
    • Mushota you are up to to your heinous behaviour again! No sense of compassion! I wonder what you will do to Nick when you realise he is gay!

      0

      0
    • Don’t you know that the Police are not required to follow the law of our land? I’m sure its there somewhere in the constitution. Or else the clear day light corrupt and criminal practices of the traffic Police would not hold ground.

      1

      0
  2. letting Siwale walk now will not send a clear message to these under fives who want to undermine the head of state, i propose atleast 3 months like HH, who will never in his life block another presidential motorcade , equally a three monthsdetentionn could literally help Siwale see how much ecl is Zambian because cells are good for the stubborn brains.
    message approved.

    13

    36
    • Good for Siwale. He is silly including his supporter Mulongoti. If HH doesn’t support the move then its useless and washout!

      2

      22
    • Do unto others what you want them to meet out to you when you are out of power.

      Bootlicking will get you dust into your lungs.

      Mr. Lungu shall produce evidence that he was born in Zambia and not use police force and unemployed thugs of PF to torment citizens.

      I see many PF thugs behind bars and eliminated once they lose elections in 2021.
      And for Mr. Lungu, he will go along with his forster-papa Rupiah Banda.

      4

      1
    • Serious investors see this as a BIG CIRCUS, if it was a Chinese thief he would have been realised the same day.

      3

      1
  3. If you want to be President, respect the office of President. And by the way it is not ECL who is a complainant in this case, It is the people of Zambia in the name of the state and laws that protect the Office of the President have just been invoked. Some politicians can be dull

    11

    13
  4. I don’t know the law but it sounds off the mark. Can anyone explain his continued incarceration from a legal point of view?

    11

    1
    • The president should explain. He is a lawyer. Would he allow a client defaming someone to be detained for 10 days?

      0

      0
    • Come 202, JK and Kayombo will do a remix of the dununa reserve song and the likes of Fresher Siwale, Mulongoti, and many more will still vote for PF.

      1

      2
  5. It is a civilisation issue. In developed countries you cant keep somebody in detention for four days without charging them. This is crystal clear case of superiority complex by both the Police and the Politicians who sent them. Completely uncivilised, brutal and open assault on the supreme law of the land, the constitution and every civilised and law abiding citizen should condemn this Police behaviour irrespective of which Political party they support in Zambia.

    14

    1
    • I cant imagine there are people supporting this abuse.The actions by the State actually constitute the criminal offence of abuse of authority of office.We shall have ourselves to blame if we tolerate this.The officer involved especiall y the arresting officer and the Public Prosecutor must answer for this abuse.
      For those who see nothing wrong with this it is simply testimony of the dullness of our society.Today it is Siwale tomorrow it is you.There is a reason why Lady Justice has her eyes covered,that is to ensure justice is dispenced to all regardless of political cand other considerations.The biggest f00ls here are the people abusing their powers,surely with all the damage done to the economy they have now turned to abusing our selves even as we struggle on empty stomachs,thanks to…

      5

      3
  6. The magistrate should have thrown this case out or given him bond…how do you keep him in there for another weekend. This lazy Edgar/Jonathan should stop cowering behind the police and his bootlickers so he defends himself. Surely what type of a lawyer is he who can not defend his own nationality …its really laughable…even when he is given a platform he messes up and starts talking about where his umbilical cord is buried as if he remembers.

    11

    2
    • If Lazy Lungu has a good memory that he knows where his umbilical cord is buried …ask him to jog his memory so he tells us the names of the doctor and nurses who were present at his birth..we have tolerated his nonsense for far too long we want to move on!!

      3

      4
    • Our Magistrates have blood on their robes.
      They are not worth sitting in courts.
      The most disappointing part is the Chief Justice of Zambia who is just sitting there like a lame duck.
      She is a useless thug, drawing hefty salary and perks and while farting 365 days a year.

      4

      1
    • I was born in Masala but I don’t know where my umbilical cord is buried. My mum might know

      1

      0
  7. Imwe try analogy and you will overstand – the Family is the most Basic state on earth. Fathers mostly can be dictatorial like “ubomba mwibala…”. If a father groundlessly and continuously mistreats a child, the mother MUST STAND-UP AND DEFEND THAT CHILD !! For the Magistrate to IGNORE HIS RESPONSIBILITY IN THIS IS UNFATHOMABLE…this is what we mean with the breakdown of law and order! OUR CONSTITUTION ISN’T EVEN THAT BAD…ConCourt Fails the People, Police rape the law, politicians above the law, king-presidents abound in Afrika…ati untouchables – mukafwaaa!! Release the man or fine him!! THIS IS SOOOO SICK…the bazungus you love just accept this sh!thole barbarism….

    5

    1
    • Ubututu
      Boma its you the people unless you are Malawian where the whole country is of low self esteem and respect is there only strong attribute

      10

      1
    • Denkede
      Ati “Boma ni Boma”?Uli chipuba.
      Boma ndiwe, chipuba iwe.Boma is not Kaiser or Amos or Kampyongo the real power resides with the people you f00l.I sincerely hope you or your loved ones go through similiar abuse….

      4

      1
  8. I hear Siwale is from Tanzania. Let’s take it from there. Mulongoti and Siwale are time wasters they have nothing to do. Give us a break. These two must have a life.

    1

    8
    • @ Kavuluvulu then give the man a fair hearing in court and stop detaining him for a case that is not even detainable. this is pure intimadation and unproffessional ethics.

      5

      0
    • I remember Mulongoti saying that he started questioning the president’s nationality after seeing the wanton abuse of the rights of the same citizens he swore to protect.I agree with Mulongoti only Kaunda the malawian and Chiluba the Zairean abused people like this

      8

      2
    • @Kubweka only a dictator would look the other way when a citizen’s rights are being denied. Not a lawyer

      0

      0
  9. i have told you that drunk Lungu is a fake Christian; he is evil; why should a true Zambia treat a fellow Zambian like this for calling Lungu an identity fraud?

    5

    5
  10. Why the silence from others prosecuted by lungu , like HH and CK ? Their silence is so loud…if siwale broke the law treat him according to the law. 10 days for for asking about lungus roots is too long and barbaric…

    This is hypocritical behaviour by HH and CK

    3

    4
    • That’s what I am talking about. HH is quiet. I honestly do not know why? May be he is recharging for the Chilanga By-Elections.

      1

      1
    • Why should Hakainde and BUFFOON CK be the ones always protesting when they are over 13 million Zambians ….Zambians are like Wildebeest they can simply watch and let you you be ate by one lion when they out number the predator by 1 to 20000 something Buffalo would never tolerate. The same docile Zambians are the first ones to read what Siwale has to offer ….Siwale should never have been in prison for more than an hour.

      4

      2
  11. no case here…………………….. a nolle may be entered……….. never worry about the hullabaloo , we have a weak prosecution team………………. watch cases are fought in court not on the blog………….. the law of evidence guides the court not street talk

    2

    1
  12. @Cleaver in developed countries people do not just wake up and start lying about the President because thy are hungry or they were not given a job. That’s why they should not the law to detain these chalatans. They should use Presidential or other powers at law my friend

    4

    2
    • why have you found him guilty of lying already? are you the court? Let the matter be heard in a court of law and then we Zambians can form our basis on the hearing.

      4

      2
  13. The Jonathan Mutawale administration is causing fear ,alam and despondency amoung the citizenry just like his home country during the kamuzu banda regime.
    Ala ba malawi balipukuta and there country kwafulafye umunchinshi.

    4

    3
  14. I foresee trouble ahead whereby when UPND take over this country which is inevitable in 2021 there will be widespread persecution of people from Eastern Province as being non Zambians. As evidenced from hardcore UPND supporters such as @Maloza. This has the potential to send this nation into civil strife! So many unresolved issues- BRE, nationality debate,

    We need to work hard to prevent this from happening, God be with us because war is easy to start but impossible to stop!

    3

    2
    • There is no Nsenga tribe in Malawi…..A distinct tribe not even related to the Chewas (in Zed, Mozambique and Malawi) be labelled Malawian. Nsengas are even closer to Lalas, Chikundas and Bembas. We will never accept stu.pidity. Senior Chief Kalindawalo and Chiefs Mumbi, Nyalugwe, Sandwe, etc Chieftainesses Mwape and Njanje have all provided details and lineage of Changwa and its final. Take the id.ot to Guatanamo Bay,,,,its accepted in USA to keep such misfits in gallows for ever. Wish him luck on where he obtained someones NRC and let him provide the proof even after 10 days. Pipo have been locked up in USA for decades for being illegal combatants and its normal …..

      2

      0
  15. The arresting officer is in kasumbalesa attending a government-government Indaba.

    The Indaba finishes on Tuesday the 8th. He is travelling back on Friday 11th depending on transport arrangements.

    So I a week’s time, Fresher will be out. No cause for desperation.

    0

    2
    • So if arresting officer is sick then you wait till he recovers …there absolutely no seriousness with court issues today under this lawless bandits we have in govt!!

      2

      1
  16. When an International Human Rights organisation makes a statement that’s when PF media team and ZP stooges will wake up yet they have been ignoring the local organisations.
    Why is this lazy Edgar not clearing his own mess…you have not proved anything yet …the constitution is bigger than you …tell us about your Parents..don’t just hide behind your sister in the komboni.

    3

    1
  17. bail will be granted by the court…. the beauty of the law it does not favor the state or an individual.nothing about HH, Lungu and Nawakwi here.
    The court will do a fine job

    3

    0
  18. #maloza you are proper malawian stop winging we Tongas are the authentic Zambians the rest of you stop the nonsese

    2

    1
  19. Normally when HH or GBM is picked up by police we see throngs of lawyers crowding the police station, but this guy?

    1

    0
  20. Oh yes lock him up. Let him learn to have respect for people in leadership. Come 2021 Fresher Siwale will have forgotten about this minor incarceration and will still vote for the PF, the only party that has brought massive development to Zambia.

    2

    3
  21. Siwale must be kept behind bars longer so that when he is out,he can stop the nonsense!!Kainde spent more than 120 days in jail and he has learnt a lesson.HH will never block the presidential motorcade in his life again!!ZP should cage ka Mulongoti too!!These f0ols should learn to respect the presidency!!!Mulongoti and Siwale are not ECL’s relative to know if ECL is a Zambian or not.Kainde who used these dull chaps is enjoying life in his chalala home!!Hence,let Siwale dance pelete!!

    2

    3
  22. Which one is more grave in terms of defamation of character

    1.Being told by Chishimba Kambwili that you are a “Pompwe sakala mushibila insala”

    Or

    2.Being told by Fresher Siwale that you are a “Foreigner”

    7

    1
  23. Siwale cuts a lonely figure so much that I can’t fail to have sympathy for him. Is this “foreigner ” thing his own creation. Why is he not given police bond and since Mulongoti is a lawyer what’s he doing about it.

    2

    3
    • Ndanji

      No one can do anything about siwale…no lawywer, no law, no consitutuion…only when lungu is happy will he be released….siwale has no international profile otherwise an out cry from the international community would have forced lungu to release him…. and when some of us point out to the corruption and breakdown of systems of governance under lungu , you think we are bitter …

      1

      1
  24. @BOZO
    @ZONZO
    Who gave these two finished men Mulongoti and Siwale the right to lie against someone? Is it not in the bible where it says “You shall not give false testimony against your neighbor”. If God will punish lies like your Mulongoti and probably your small god HH, then let their punishment start even now.

    3

    5
    • You can not even argue intelligently.
      What is wrong with asking someone to provide proof about their nationality.
      Why should a policeman go to school to maintain law and order only to always be given instructions on how to maintain law and order or arrest innocent citizens by politicians that have no idea on policing.

      2

      0
  25. There is no smoke without fire Just give Siwale a chance He will Tell The Nation The Truth !

    4

    2
  26. Blame the stupidly constructed laws on why the the guy is still being held on police custody. How can one even begin to comprehend and quote a constitution that says ‘reasonably posible’ time? What’s the interpretation of this piece of the constitution – 1 day, 1 week, 1 month, 1 year… etc. All these timeframes can mean reasonably possible time to different people or situations. Those intending to use that line of the constitution in their defense will fail before they even start.

    5

    0
  27. Wwhat have you benefited from the sexy story. Where is gbm or hh to help.

    Honestly an adult should suffer for stupidity instead of looking after grandchildren

    1

    3
  28. Siwale should just due the state for unlawful detention including individual officers who are fond of following illegal orders. That is when they will learn to do the right thing and at the same time making a bit of money for Siwale.

    3

    0
  29. If Siwale is being used as a stalking horse by some unscrupulous politicians to tarnish ECL’s image, he should just own up, spill the beans and become state witness. He should just let the chips fall where they may, so that he can get his freedom and walk out of his dingy cell. For those of us who know ECL’s background, Siwale’s case is a lost one and such a decision may be his only hope.

    1

    0
    • Other presidents have endured stupid accusations. They never locked up anybody and they themselves put paid to the accusations. A judicial platform has been invoked to handle Siwale’s case but the state is running away from due process of law. Being president is about having a thick skin. ECL has no scruples about causing pain to another human being. When time comes to inquire into some decisions he has made, his tribe will not be there to defend him for the office he occupies is not a Nsenga tribal one. Kambwili has called him a thief and a corrupt president, where is a defamation of the the president charge against him? Is it because he knows what will come out as in the “Chiluba is a thief case” by Dipak Patel, Lucy Sichone and Edith Nawakwi?

      0

      1
    • Chanchima

      The situation concerning Siwale is more serious than you think. Where and how did Siwale get the President’s NRC? What was the purpose of getting the NRC? Did he have the President’s permission to be displaying the NRC in the media? Put yourself in the Presidents position. How would you feel if your opponent took your NRC without your permission and started displaying it on Prime TV? You would just be grinning?

      1

      0
  30. All those in support of Jonathan are Malawians by origin. A truly Zambian would never support dehumanising a fellow citizen. Jonathan has been called a thief on numerous occasions but alas we haven’t seen any defamation of character been invoked on CK. And if at all Siwale has defamed Jonathan why can’t the matter be prosecuted expediently so that Zambians come to know the citizenship reality.

    0

    0
  31. FACTS: I hear you but the charge he is facing is mere defamation of ECL. Why should it take a whole week to prepare a case like that for trial? And who in government can sign bail for someone accused of defaming the president under a govt headed by ECL? He or she will be retired in national interest. I do not know Siwale and I am not convinced yet that he has his facts right but that does not take away his right to live freely until he is convicted of a crime. I do not think Siwale is being used by anybody. He heads his own political party.

    0

    0
  32. Most of the people that contribute to this page think like roaches and maggots, nothing worth of any thing like the maggots in a pit latrine.

    0

    0

Comments are closed.