Former ECL’s advisor Kaizer Zulu case fails to take off
FORMER President Edgar Lungu’s political advisor Kaizer Peter Zulu yesterday refused to take fresh plea and accuses the state of using a back door to prosecute his matter.
This was after state prosecutor Mr. Brian Sianyengo made an application to amend the indictment and allow the accused person to retake plea after three witnesses had already testified in the matter.
Zulu through his lawyer Mr. Joseph Chirwa objected to the state application on grounds that he already took plea and trial had already started and three witnesses already testified in the matter. There was no way they could amend the indictment.
Mr. Chirwa submitted that the act by the state to amend the indictment will prejudice and embarrass the accused person.
“The state is now trying to use the back door, they want to kill the evidence, we expect a well-funded institution like immigration, police, National prosecution authority to examine the complaint thoroughly before bring them to court.” He said.
Mr. Chirwa further submitted that the court should dismiss the application by the state because it wants to cure the evidence through amendment.
In response, state prosecutor, Mr. Sianyengo said according to the Criminal Procedure Code act (CPC) it does not in any way give time frame on when the indictment should be amended.
“At any stage the state can apply for the substitution. The state is not trying to prejudice the accused person, he has the liberty to bring all the witnesses he wishes. It will not prejudice the accused person and the state is not trying to use the back door. We insist that the application should be granted,” he submitted.
But in her ruling, magistrate Sylvia Munyinya agrees with the state and said the Law allows to amend the indictment at any time, it does not attach a time frame.
Magistrate Munyinya further ruled that the application by the state will not prejudice the accused in anyways because he is at liberty to bring all the witnesses.
“Application by the state to amend the indictment is granted,” she ruled.
Zulu took fresh plea and pleaded not guilty to one count of failing to appear before the nearest immigration officer Contrary to Sections 12(2) read with 56(1) of the Immigration and Deportation Act No. 18 of 2010 and one count of Failure to surrender diplomatic passport Contrary to Section 21(1) and (2) of the Passport Act No. 28 of 2016 of the Laws of Zambia of the Laws of Zambia.
It is alleged that Zulu on unknown date but between August 8, 2022 and December 9, 2022 did fail to appear before the nearest Immigration Officer at a port of entry.
In count two it is alleged Zulu on unknown date but between December 20, 2019 and December 2, 2022 in Lusaka without reasonable excuse, did fail to surrender his Diplomatic Passports No.D0012325 and D0012791 when required to do so by the Chief Passports and Citizenship Officer upon ceasing being a diplomat.