EIGHT Mongu accused persons in a matter in which they are facing an offence of Seditious practices yesterday told the Lusaka High Court that they want their case to be heard in Western Province and not any other place as proposed by the State.
This is in a case in which Christopher Muyendekwa, Malamo Mubiana, Mulima Mubiana, Nalumino Lufwendo, Mubita Silumesi, Kaiko Kaiko and Mubiana Muyunda are charged with one count of seditious practices.
Through their lawyer, Sakwiba Sikota, the accused submitted before High Court Judge Evans Hamaundu that they were comfortable to have their matter heard in Mongu due to security reasons.
Mr Sikota wondered why the State wanted the matter to be transferred from Mongu to Mumbwa knowing well that it would be too expensive on both parties especially the accused in an event that they were found with a case to answer.
“Your honour the State is putting you in an embarrassing situation because the accused are not on any warrants,” he said.
He said if the application was all about fairness and security then it was better the matter was heard in Mongu because the matter carried the interests of the community who were eager to follow the proceedings.
In this matter the Director of Public Prosecution (DPP) Mutembo Nchito had made an application to have the matter be transferred to Mumbwa because the environment situation raised security concerns after their arrests.
The State in reply to Mr Sikota’s submissions said the accused persons were fully aware of the particulars of the offence and emphasised that they are in no way going to make the trial difficult.
And judge Hamaundu clarified that he was not going to issue any extension of warrants to the prisons authorities because the accused persons were not in the hands of the Court yet but that of the State.
And Judge Hamaundu said he was aware that there was a complaint of illness from some of the accused persons and that he would visit them in the afternoon after court.
The court has since reserved ruling on whether the case should be tried in Lusaka or any other place to January 29 this year.
could help me you who have done law by law do a person have right in Zambia constitution to choose where his/her case can be heard from
By LAW the case should be heard in Courts within the jurisdiction where the offence is allegged to have been committed – In this case it is in Western Province. However if there are appeals to higher courts that do not exist within the jurisdiction then this has to be heard where the nearest higher court of appeal is available.
I THINK SAKWIBA MUST BE THE MOST DULL LAWYER ON THIS EARTH. WHAT COULD BE WRONG IF THE ACCUSED WERE TRIED IN LUSAKA, OR LIVINGSTONE OR SOLWEZI OR ANY OTHER TOWN. BY THE WAY, SIKOTA, ARE YOU NO LONGER A PARTY PRESIDENT? I DO NOT UNDERSTAND YOUR ROLE.
Youre the one who is dull and st.u.pid. A case has to be tried in the area the crime was allegedly committed. How about STFU so that you dont expose your situpiditi?
Let us not be cheated this case is very political due to the nature of the crime. For political reasons especially with the on going Barotse issue Mumbwa is okay for this case. It happens even iN USA.
How can you understand Sikota when you are a foooool!
well apart from buying time and simpathy from the home villagers what is the reason of court moving?the dissadvantages are plenty due to the village set up and connection to relatives, its not thieft by servant but a sensitive issue which all wouldbe offender thugs should learn from ,Govt force sanity in the country please,Mumbwa is nearest to their demands.
thanks very much C-General for clarification
What is wrong with the state.the fear is the pf will lose popularity in mongu.there is no seditious activity when the Litunga and BNC gave a go ahead in their resolution of march 2012
Saki..well done..let our people go back home..
The case can be tabled anywhere in Zambia.
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