Nakachinda, Lusambo applications dismissed
THE Lusaka Magistrate Court has maintained that the matter involving Patriotic Front (PF) Information and Publicity Chairperson, Raphael Nakacinda, will be heard in the subordinate court as it also has jurisdiction to hear such matters. Nakacinda pleaded not guilty to one count of defamation of the President contrary to section 69 of the penal code chapter 87 of the laws of Zambia.
Meanwhile, former Lusaka Province minister Bowman Lusambo’s application to have his case referred to the constitutional court for constitutional determination has also been dismissed.
Previously, defense lawyer Makebi Zulu made an application to refer Nakachinda’s the matter to the constitutional court to determine whether or not President Hakainde Hichilema’s immunity extends to commenting on court proceedings of matter before the court or whether or not the President was in breach of article 91(3)(a) (e) and article 121(2).
The defence had applied for contempt saying the President Hichilema on April 25, 2022 at the Press conference made statements on Nakacinda whilst the matter is still in court, he went on to say “Nakacinda will pay for such lies” referring to the matter before the court.
He said according to Section 116(b) of the Penal code cap 87 of the laws of Zambia, any person who while in judicial proceedings ,makes comments is guilty of misdemeanor and is likely to be jailed for six months or pay a fine of K750 penalty. In response, the state prosecutor Abraham Ngozo said the application should be dismissed because there was no contempt of court written and the subordinate court had jurisdiction to hear the matter.
When the matter came up on Friday for ruling, principal magistrate Jennifer Bwalya said the proceeding will continue from the magistrate court as trial had already started and a witness already testified and the court has jurisdiction to hear the matter.
And in the other matter, Lusambo had demanded that since the President cannot be cited for contempt by the Magistrate court, his matter should therefore be referred to the Constitutional Court to determine constitutional issues over comments President Hakainde Hichilema made at a press conference.
The State objected to refer the case to the constitutional court in that the subordinate court had jurisdiction to hear the matter.
This is in a matter in which Lusambo and his wife Nancy are charged with 10 counts of corrupt acquisition of property and money laundering related charges.
Lusambo’s lawyers argued that the Magistrate Court had no powers to interpret the provision raised hence the need for Constitutional reference.
“We cannot cite the President for contempt as suggested by the State because he is protected by the Constitution,’’ Mr Makebi Zulu said.
When the matter came up for ruling in the Economic and Financial crimes court magistrate Faides Hamaundu said issues raised were constitutional in nature, and criminal matters were heard from the subordinate court.