The Livingstone Magistrate Court on Monday has granted bail to Alliance for Community Action Executive Director Laura Miti 54, of PHI Lusaka and her Deputy Borwell Mwewa 45, of PHI Lusaka of K 2,000 each in their own recognizance and two working sureties from reputable institutions.
And Fumba Chama popularly known as Pilato has been released from police detention.
Pilato arrested over the weekend on allegations of unlawful assembly.
This is in a matter in which Miti and Mwewa are charged with one count each of assult on police officer contrary to section 250 (b) Chapter 87 of the laws of Zambia.
Statements of the offence are that on the 22 day of December 2019 at the Livingstone Central Police, the duo did assault two police officers who were on duty.
When they appeared before Magistrate Michael Mulalelo in a fully parked courtroom on Monday afternoon for the explanation of the charge, the duo told the Court that they understood the charge but denied the offence.
After taking plea, the defence lawyers Linda Kasonde of LCK Chambers and Brian Gombwa of MAK Partners applied for bail pending appeal which was granted.
In applying for bail pending trial, Lawyer Gomba asked the court to grant the accused persons bail each in accordance with the provisions of section 123 (1) of the Criminal Procedure Code of Chapter 88 of the laws of Zambia.
Further he informed the Court the the offences the duo committed were bailable and that the case in particular does not attract a death penalt.
Ms Kasonde also complained to Court the treatment that Ms Miti who is Asthmatic was subjected to by the police during her detention.
She asked the Court to excuse the duo on the date they are scheduled to appear for plea because they are Lusaka residents.
Magistrate Mulalelo granted the bail application and the matter has been adjourned to January 6, 2019 for a mention and January 13, 2020 for commencement of trial.
Earlier in the day, the lawyers representing the accused Linda Kasonde and Brian Gombwa of MAK Partners had a tough time to push the state to have their clients appear before Court.
From morning up to about 16:30 Hours, the people who had turned up to offer solidarity to the two accused persons were still at Court while others were seen at the Livingstone Central Police where they duo was detained.
They were only brought to Court slightly after 16:50 Hours.
Pilato was also later released on police bond.
And Ms Miti has denied allegations by Police that she along with Mr Mwewa assaulted police officers at the police station.
Writing on her Facebook page moments after she was released, Ms Miti said the thought of assaulting the officers never even crossed their minds.
“Our forcible hosts decided they didn’t want us at their Christmas table after all. Thank you all for your support,” she wrote jokingly.
“Still a little off colour but expecting a good night’s sleep to mend that. Spare a thought for those who must stay in our police cells long, even if they be guilty of a crime,” Ms Miti said.
“And no we did not attack any police officer nor would we think of doing such a thing. And yes the work continues.”
And Pilato vowed that he will not be intimidated.
“I will never be intimidated, bullied or negotiated away from my attachment to this beautiful country. It is my strong belief that the wealth of this country must benefit not only a few people at the top but every citizen of this country including those at the very bottom of society,” he wrote on his Facebook page moments after his release.
Respect for fundamental human right is paramount. We have lawyer ( well a mediocre one) as president. He was disbarred by LAZ for lack of the respect of the rule of law. How did we get such a joker as president? Pathetic!!
@Obatala. The problem is the Draconian laws in the penal code are from a time when we were still treated as animals, as such we didn’t have right during that time. Animals rights in the new west are far better that human rights in Zambia. The only rights we have are the basic rights.
It seems no law makers in Zambia including presidents at any time have a thorough understanding of the principle of humanity that our penal law lacks. Our penal law/code remains is the only colonial artifact for subjecting to humans inhuman and degrading treatment any time one dates it. A same people professing their faith over everything and anything but can’t see how much the penal laws lack what their faith stands for, shame on you all who profess to be Christians.
…AND, AM JUST SURPRISED, THAT POLICE MAN STILL COVERING HIS FACE.
ARE WE STILL ALLOWING THIS IN ZAMBIA?
THIS DECAMPAIGNING PF.
TO SAY THE TRUTH, ZAMBIANS ARE NOT IN SUPPORT OF THIS NINJA-LIKE-DISGUISING-POLICE-FORCE.
@Dokowe,
Good observation. The problems with the above activists is their type of activism just as Nthewewe remarked. The law which is at play here is the Public Order Act(POA), a colonial archaic law which was designed to preserve the white colonial minority rule.However, whenever there are calls to amend or repeal the POA,these activists choose to stay away instead of giving submissions or suggestions on how to reform or repeal POA.The referendum on the Bill of Rights was equally decampaigned by the same activists. Another one, Bill 10,instead of being part of the proceess and challenge the unwanted clauses,they chose to stay away and later, LAZ and company took govt to court not to question the contents of Bill 10( which are the reasons why it was frozen to February 2020) but to seek…
……but to seek clarification whether or not the Republican President was in was in order to initiate the amendment process under article 92 of the constitution.The problem is misplaced activism.
Fipombo fyabulamano. Kaizer Zulu kept beating up people without arrest. Laura talks for Pilato and she is arrested for assault. Atase nindani wamene munama. You are not policemen but PF security Guards.
I find citations “….section #…” kind of upseting and boring when used on reporting arrests and/or detentions by police. In whose interest is the quoted section or provision if not lawyers and their clients. How many of the public have a library of the Zambian Law and time to search and peruse them? Just make it simple for the people.
Why dress up in Riot gear when you are just escorting one detained civilian?
You can see these police have nothing to do except harassing innocent citizens. Riot gear indeed?
Miti and Pilato are paid political Jokers, miti tries to behave like a man, the very reason her future is to die single. Despite her being a UPND sympathizer, she still carries that stubbornness in her to an extent that even if she did marry a southerner who is also a UPND supporter , the marriage would be a disaster owing to the fact that Miti is bitter. Dandy crazy utuntu.
Message approved
@jo breaker. Since your comment is a personal attack on Laura, it says a lot about the kind of person you are and which party you’re a cadre of.
Whatever observance you tried to exhibit, has been overshadowed by your lack of objectivity.
I have spoken.
Negro pls, pipo like you (Jo breaker)are the reason why africa is not developing always supporting corruption. Atlist miti stands for something some of you people stand for nothing, just moving about with a dead brain head.
Man G: How can u be this malicious? Laura is not joining politics. I doubt it Zambian society is even ready for the politics she believes in. Politics would bore her to death to start with. Knowing Laura, I don’t think she could put up with the time-wasting rituals that go with politics in Zambia. Her world is to move from one protest to another. That’s where the action is for Laura. If she was interested in politics, she would hv joined already given the name-recognition she now has.
What’s wrong with being single?
Jo Breaker Laura at least she is fighting for something than you who will fall for anything, including the lies you hear from the most corrupt government in our history. She might seem crazy to you now but your children are going to appreciate her for saving the country for them while you sit and watch these corrupt politicians destroy everything. Lungu is going to regret all these bad things he is doing, the way people celebrated Kaizer’s departure is the same way they will with Lungu in 2021.
…AND, AM JUST SURPRISED, THAT POLICE MAN STILL COVERING HIS FACE.
ARE WE STILL ALLOWING THIS IN ZAMBIA?
THIS IS DECAMPAIGNING PF.
TO SAY THE TRUTH, ZAMBIANS ARE NOT IN SUPPORT OF THIS NINJA-LIKE-DISGUISING-POLICE-FORCE.
China: “….your children are going to appreciate her for saving the country for them…”
I get the sense you are saying that Ms Laura will not be there to enjoy the fruits of freedom and economic prosperity. At her rate, asthma and police cells, I agree with you.
China: “…the way people celebrated Kaizer’s departure is the same way they will with Lungu in 2021….”.
Aah, that long? Well, why not sooner? If Kaizar’s contract was terminated prematurely surely higher contracts can also be terminated by our reps in the Matibini house of assembly? I mean something like a Trump…..kikikkkkkkk
Lora Miti has always been a rebel and truly one cannot understand what her problems. I remember at during her time at UNZA she was so filfy and always in patapata and everyone used to wonder whether they was something amiss with her. Aint surprised to see that she hasn’t changed. You can’t change anything if you fight without using brains. No government will bring meaningful change to people’s lives until the fundamentals or basics are tackled which I dont see in anyone its all about personal agenda, especially the opposition.
The only difference between Laura Miti, Pilato and Tayali is the paymaster. All are paid to do what they do, they’re being used. It’d be interesting to see where they stand without a paycheque
Just go home and change underwear
A case of assault is simple, it only needs 2 ingredients and that is a medical report and the victim to identify the perpetrator. A good leader avoids such misdemeanors. What dilutes Laura’s cause is the fact that she’s being paid to do what she does. Would she be as vigilant without a salary?
Ugly Miti at it again. Her Size 9 feet will not get her anywhere.
Miti kupia mutima monga ni pamso pake. Ati chiputa basi
Is there no better way of fighting injustice than the way Pilato and Lura Mitis are doing it? Laura’s ex-husband, Azwell Banda, had the same anarchistic tendencies in student politics at UNZA and MMD before he went into sell-imposed exile to South Africa. Are there no rational ways – apart from confrontation – of expressing one’s grievances?
I know that I will get thumbs down from some eternally anti-government bloggers here, but my suspicion is that both Pilato and Laura Miti may be experiencing personal trauma rather than acting out purely on the basis of principles. How come Laura and Pilato never ever raise a voice of protest against the opposition? Is it humanly possible that the opposition never errs and only the party in government errs?
Although Dokowe is uneducated, he is advocating for Law Review, amplified by Sharp Shooter. On humanitarian grounds,it’s unfair to subject harmless and honest people like is ka mbuya ka Laura to such treatment.