Nakacinda formally arrested, remanded in prison
POLICE in Solwezi have formally arrested and charged Patriotic Front member of the central committee Raphael Nakacinda and slapped him with two counts.
But lawyers are questioning under what law Mr. Nakacinda would be tried in Solwezi when the utterances and therefore offence were commited in Lusaka, and why he was remanded in a correctional facility before appearing in court.
According to Police spokesperson, Rae Hamoonga, Police have charged and arrested Mr. Raphael Mangani Nakachinda aged 43 with two offences of Defamation of the President Contrary to Section 69 of the Penal Code and Expressing or showing hatred, ridicule or contempt Contrary to Section 70(1) of the Penal Code, Chapter 87 of the Laws of Zambia.
The accused has since been remanded at Solwezi Correctional Facility and is to appear in Court soon.
Mr Nakacinda’s lawyer, Noel Simwanza of Noel Simwanza Legal Practitioners confirmed the development to journalists after questioning that lasted for over three hours.
“I can confirm that Mr Nakacinda has officially been arrested and charged with two counts contrary to section 69 and section 70 of the Penal Code,” said Mr Simwanza.
Mr Simwanza said police are yet to say when Mr Nakacinda will appear in court.
Mr Nakacinda’s arrest follows a complaint made by United Party for National Development (UPND) North-Western Province youth chairperson Bruce Kanema that he defamed President Hakainde Hichilema.
It is not established whether Mr Nakacinda has been released on police bond or will remain in police custody until he appears in court.
And efforts to get a comment from North
Western Province deputy commissioner of police Robunson Moonga proved futile by press time.
Earlier, UPND cadres clad in the party regalia surrounded the Solwezi police station demanding to have Mr Nakacinda released so that they deal with him.
But their presence was shortlived as they were dispersed by police officers.
Meanwhile, the PF in North-Western Province have described the arrest, charge and subsequent transfer of Mr Nakacinda to Solwezi as abuse of the rule of law.
PF provincial chairperson Enoch Kapalu said the law is very clear in that one has to be arrested in an area where they have committed an offence from.
Mr Kapalu wondered why Mr Nakacinda has been transferred to Solwezi for an offence that was allegedly committed in Lusaka.
He has challenged the government to state the law which provides for transferring of a suspect to a place where the offence was not committed from.