The Lusaka Magistrates’ Court has ordered a medical doctor Ngosa Saili from Kafue General Hospital to appear before court on 26th of March 2026 at 09:00 hours to verify a sick note submitted on behalf of accused person Brebner Changala, whose matter was scheduled for defence hearing today the 25th of March 2026.
Particulars of the offence are that Changala aged 63 a civil rights activist is charged with Seditious Practices contrary to Section 57(1) (b) as read with Section 60(1) (f)(b) of the Penal Code, Chapter 87 of the Laws of Zambia.
The State alleges that between May 25 and May 28, 2024, in Lusaka District, Changala uttered words accusing the Government of sponsoring criminal activity and fostering “state sponsored anarchy” and “state sponsored terrorism,” statements prosecutors claim were intended to bring the Government into hatred or contempt and excite disaffection against it.
When the matter came up before Chief Resident magistrate, Davies Chibwili for defense hearing today, the defence informed the court that Changala was unwell and had sought medical attention yesterday, sending a representative to court in his absence.
Counsel submitted that the accused had been issued a seven-day sick note by Kafue General Hospital, which was duly presented through the defence team while seeking an adjournment.
Defence lawyers strongly opposed calls for the doctor to testify, arguing that Zambian law does not require a medical practitioner to appear in court to validate a sick note.
They contended that demanding such verification would set a “dangerous precedent,” stressing that the accused had only fallen ill once throughout the duration of the case and had demonstrated credibility and accountability.
The defence further urged the court to remain mindful that Changala is not a convict but a Zambian citizen facing charges capable of being defended, insisting that medical documentation submitted should be accepted in good faith.
However, the State objected, stating that progress in the matter was necessary, arguing that “justice delayed is justice denied,” while cautioning that rushed proceedings equally undermine justice.
Prosecutors requested that the doctor who issued the sick note appear to confirm the accused’s medical condition.
In his ruling, Chief Resident magistrate Chibwili accepted the sick note but ordered that the issuing medical practitioner, Dr Ngosa Saili, appear before the court at 09:00 hours to 26th of March 2026 with all supporting documents of his attendance on the accused on 24th of March, 2026.
The matter resumes when the court hears testimony from the doctor as ordered.
Shaiba laws everywhere. HH has succeeded in gagging the entire country unless you are UPND.
This Dr should attend court to avoid being cited for Contempt of Court – that is the minimum.
All he has to do is tell the court that he indeed did issue it, it is an official document. That is all he has to do , nothing else!!
If somehow is coerced by the court to reveal the illness, he should simply cite the Sacrosant Doctor -Patient Confidentiality. He can only divulge the same following the patient concerned CONSENT!! The court CAN’T force him to divulge. The ONLY THING the court can do, is ask for a second medical opinion!!!! END OF Case for the Doctor, & can humbly request of the Judge to give him leave of the Court – less than 5 mins job. The prosecutions theatrics are thus confined to the bin!!!
This is why the ingenuity of a lawyer comes in and the illness can be drawn from the Doctor.
A test of the minds will drawn. Wit.