HH still on treason charge
Thu, 27 Apr 2017 12:40:07 +0000
…. UPND leader denies
disobedience and insulting cops
By CHARLES MUSONDA
LUSAKA Magistrate Greenwell Malumani yesterday refused to quash the treason charge slapped on Hakainde Hichilema and five others.
And all the six accused persons yesterday pleaded not guilty to the charge of disobeying lawful orders while Hichilema separately denied insulting police officers on duty.
This was after Mr. Malumani ordered that the two charges be separated from the treason charge as the three offences were not premised on same facts.
When the matter came up for ruling yesterday, Magistrate Malumani said: “The motion to quash the charge is declined as the power to determine validity of the treason charge is repository in the trial court (High Court). I am inclined to allow the prosecution to proceed with the substitution in the interest of justice.”
The six are now charged with treason contrary to section 43 (1) (d) of the Penal Code, Chapter 87 of the Laws of Zambia.
Particulars of the offence state that Hichilema, Hamusonde Hamaleka, Muleya Hachinda, Laston Mulilanduba, Pretorius Haloba and Wallace Chakawa between April 5, 2017 and April 8, 2017 in Lusaka and Mongu, jointly and whilst acting together with others unknown endeavored to carry out by force an enterprise to usurp the executive power of the State in a matter of both public and general nature by two overt acts.
The first overt act was that on April 5, 2017 Hichilema and Chakawa jointly and whilst acting together conspired to mobilise an advance party to ensure Hichilema was accorded the status of President of the Republic of Zambia at the Kuomboka ceremony in Mongu.
The second overt act was that Hichilema, Hamaleka, Hachinda, Mulilanduba, Haloba, and Chakawa on April 8, 2017 at Limulunga in Mongu district jointly and whilst acting together with approximately 60 other unknown persons and being in a convoy of motor vehicles on the Mongu-Limulunga Road, obstructed the Presidential motorcade.
According to the indictment, this act was likely to cause death or grievous harm to the President of the Republic of Zambia, in order to usurp executive power of the State.
After the treason charge was separated from the two charges of disobeying lawful orders and using insulting language, it was later re-allocated to Senior Resident Magistrate David Simusamba.
Mr. Simusamba later told Hichilema and his co-accused that the case they were facing was non-bailable and they would be remanded in custody until the Director of Public Prosecutions issued a certificate to either discharge them on a nolle prosequi or commit them to the High Court for trial.
Defence lawyer Keith Mweemba then applied for a preliminary inquiry into the matter and the State is this morning scheduled to respond to Mr. Mweemba’s application.
