Court rejects Lukuku attempt to delay case

THE Lusaka Magistrates’ Court has rejected an attempt by Republican Progressive Party (RPP) president James Lukuku to delay trial in a case he has been charged for sedition and anti-China racial remarks. Lukuku is charged for supporting and calling for more protests against Chinese nationals due to their race. When the case came up for commencement of trial before Chief Resident Magistrate Lameck Mwale yesterday, Lukuku applied to the court to give him more time to secure a lawyer from the Legal Aid Board (LAB). He told Mr. Mwale that the LAB had agreed to help him with legal representation but had not yet allocated him a lawyer. But when Mr. Mwale asked him to produce a notice of grant of legal aid, he failed to produce one. Mr. Mwale then told him that the court would not accept any delay because he was given time to secure a lawyer from May 29, 2019 when the matter was last adjourned. “For today we are proceeding and justice is a balance,” Mr. Mwale said after which the prosecution proceeded to call its two witnesses- Chief Registrar of Societies Thandiwe Phiri Mende and her deputy Sipho Banda. Ms. Mende testified that she received a request from the Zambia Police asking for the RPP’s registration status and its office bearers. She said a search done by Mr. Banda confirmed that the RPP was registered on February 9, 2016 with Lukuku as its president, after which she wrote back to the police. But Lukuku objected to Ms. Mende producing her letter to the police as part of her evidence on grounds that it was insufficient as it did not have other details, like the party constitution, which the RPP provided to her office during the party’s registration. However, the court overruled his objection because the letter only contained information sought by the police. In cross examination Lukuku asked Ms. Mende if she had studied the RPP constitution to ascertain which party leader should be taken to court but Mr. Mwale reminded him that he is appearing in his personal capacity as James Lukuku in a criminal and not a civil matter. Trial continues on July 26, 2019.