Magistrates recuses himself from Kalimanshi defamation matter

LUSAKA Magistrate Felix Kaoma has recused himself from handling the case in which Patriotic Front (PF) supporter Innocent Kalimanshi has been charged with one count of defaming Home Affairs minister Stephen Kampyongo.

In this case, particulars of offence are that on November 8, 2020 in Lusaka, Kalimanshi unlawfully published a defamatory matter affecting Mr. Kampyongo in form of a WhatsApp message.

Kalimanshi is alleged to have said that when President Lungu decided to drop one position of PF national youth chairman from Mr. Kampyongo and gave it to Kasama Central member of Parliament Kelvin Sampa, the minister was annoyed and sent him (Kalimanshi) to start saying bad things against Mr. Sampa.

The accused person is also alleged to have said that when he was arrested for assault and was in custody, Mr. Kampyongo instructed the police to deny him bond and that the minister took a sack of sausages to criminal investigations officer a Mr. Musonda as an inducement.

Kalimanshi, who has denied the charge, is further accused of saying that when he was in Johannesburg, South Africa, Mr. Kampyongo sent some unknown people to kill him on unknown dates.

When the matter came up for commencement of trial before Mr. Kaoma yesterday, the magistrate noted that he has been allocated another matter involving Kalimanshi in which he is jointly charged with three others for assault occasioning actual bodily harm and criminal trespass with intent to annoy at the PF Secretariat on May 1, 2021.

The incident happened when former National Democratic Congress (NDC) president Chishimba Kambwili went to rejoin the ruling party.

Mr. Kaoma said in the interest of justice and fairness of trial, he would send back the case to the Chief Resident Magistrate for reallocation to another court because it will be unfair for Kalimanshi to be tried by the same court on two different matters.

He said the Lusaka Magistrates’ Court complex has so many other magistrates who can try Kalimanshi and extended the accused person’s police bond.

Meanwhile, Kalimanshi says he will only consider the possibility of reconciling with PF supporters who attacked him at the PF Secretariat on the same day after consulting his family and his colleagues in the ruling party.