
A Kitwe magistrate’s Court has discharged the case in which MMD president Nevers Mumba and seven others were charged with unlawful assembly.
Principal Resident Magistrate Penjani Lamba discharged Mumba and seven others following instructions from the Director of Public Prosecutions (DPP) to enter a nolle prosequi in the matter.
This is in a case in which Mumba was jointly charged with four Members of Parliament (Mp) namely Howard Kunda for Muchinga, Anne Chungu for Lufwanyama, Michael Katambo for Masaiti and James Kashiba for Kafulafula.
Others were MMD deputy national secretary Chembe Nyangu, Copperbelt provincial chairperson Edith Mataka and Greenford Kalinda of Lusaka.
They were accused of unlawful assembly after they allegedly took part in an unlawful assembly on December 10 last year contrary to section 75 of the Penal Code.
When the matter came up for mention today, the State informed the court that they were in receipt of instructions from the DPP to enter a nolle prosequi in the matter.
In discharging the accused persons, Ms Lamba said she had noted the instructions from the DPP and that the matter has been withdrawn from prosecution and the accused persons were free.
After discharging the accused person, the defence applied that transport and legal fees incurred by the accused persons should be covered by the State.
The defence team said section 88A of the Criminal Prosecution Code (CPC) authorises the DPP to cover costs to a person subjected to persecution
They contended that the application was in order and that the accused persons be awarded the costs.
But Provincial Prosecutions Officer (PPO) Anderson Simbuliani said the application was misplaced and should be dismissed because instructions from the DPP were not debatable.
In her ruling, Ms Lamba said she had taken into account the section that the defence team had used and appreciated the efforts made to recover the costs.
She, however, observed that the case had not gone as far as prosecution.
Outside court, Dr Mumba said the State was right to have released them because the case was not supposed to be in court.
Last week, Mumba was discharged in another case in which he was accused of conduct likely to cause breach of peace.