Friday, April 19, 2024

Taking Suspects Away from the Jurisdiction of Alleged Crime

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By Amb. Emmanuel Mwamba

The Subordinate Court Act, Chapter 28 of the Laws of Zambia is very clear with regards to the jurisdiction of the Magistrate. The Magistrate only has jurisdiction in the district where the offence was allegedly committed.

My dear brother, Whitney Mulobela has argued that in the era of social-media, such a crime can be regarded as has been committed in every district of Zambia.

Offcourse this is far from the Truth, like in the past era of Radio, TV and Newspapers, the platform of social-media or cyberspace is but a mere platform or medium in which the alleged crime has been communicated.

To transport suspects to areas where you wish to deliberately apply psychological torture and deprive them of support from their families and lawyers, is inhuman.

At its worst form, the One-Party State dictatorship inflicted similar pain and applied inhuman tactics of both physical and psychological torture to political opponents. We saw Chiluba detained in Livingstone and Chitalu Sampa in Kabompo districts.

I have also seen the irrational and dangerous appeals made to President Hichilema by the likes of Sesheke MP, Romeo Kang’ombe and Seer 1, that he must resort to dictatorship in order to rule “properly”.

No Mr. President, we are a Democracy. We chose the path of Rule of Law and respect for separation of powers. We rejected any form of dictatorship or it’s tendencies as was displayed under the rule of Kenneth Kaunda. We rejected the excesses of the Police or similar state apparatus.

And that’s the path we chose as a people.

This and other rising humiliating practices only dents the democratic credentials of President Hichilema’ government. He doesn’t need this at the time his government is seeking financial support from the International Monetary Fund, when he is seeking debt relief from international creditors and has invited international investors to invest in Zambia.

13 COMMENTS

  1. This new phenomenal by the UPND will soon come back to haunt them. I see that in Zambia we’re very good at useless innovations. Whoever is at the center of this must immediately stop

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    • UPND is was and will always be on course as observed by many Zambians wearing the right lenses. It is obvious that bruised August 12 election victims will never see things in their right perspectives. No rebranding taking place but propaganda

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  2. It is done for torturing purposes and to instill fear in those arrested. Hh is still very angry and upset about all those elections losses he experienced. He is not mature enough to realise that this is the nature of politics. You lose some you win some. Grow the eff up hh

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  3. Enter a treaty with DRC and take them there and dump them there…………

    Why is it people from one region complaining and attacking this GRZ ?

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  4. We have always known that Hakainde was overy overrated as a person who would bring any sanity to the excesses committed during the PF reign. The people of Zambia are resolved to what they want, a just, fair and democratic society. That is the reason why they removed a PF that in many respects performed a hundred fold better than the current haphazard governance of Hakainde.

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  5. Ka Mwamba bu Tombolilo uleke kachi.kala wena. Next time it will be you who is going to be arrested and shipped to Shangombo. It can’t be that every topic the only one commenting is you. And that stupid permanent smile on your ugly face, what’s the story behind it?

  6. Emmanuel Mwamba’s arrogance is shown by the fact that he doesn’t read the comments that people make on his posts. He writes and runs. Typical of yellow journalists.

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  7. Let the law enforcement agencies do their work, you had your time as PF and messed up big time and the Zambian people showed you the door.

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  8. Pretending to be an expert in everything cost him a job in Sata’s government, appears the man is a very slow learner

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  9. Mr Mwaamba, if I steal,murderer commit a crime in physical nature, yes the crime happened on that location called crime scene. Unfortunately, the use of media in committing a crime can be reported by anyone hurt from any location to his or her nearby police because there where they have seen it. So learn how to use the platform wisely. If you commit cyber crime in African causing harm to a person or business to Americans guess what FBI will take you to America to face the judge. Ask Nigerians. So in short crimes committed through cyber has no jurisdiction basa.

  10. Cyber crime has no jurisdiction. Any one injured can report the crime to his or her nearest law enforcement offices.

  11. I’m reliably told the government intends to exhume Chiluba’s body to establiSh how the chap died. YOU bet a certain evil chap had better hire a lawyer because we all know he is the one who struggled FTJ.

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