…. discharges his two sureties as the defense applies for review of the court’s decision
Kawambwa… Tuesday July 18, 2023
The Kawambwa Subordinate Court has revoked the police bond for Kawambwa Central Member of Parliament Hon Nickson Chilangwa.
The court has further discharged the two sureties for Hon Chilangwa namely Daniel Mulenga and Tamary Kabwe.
However, the defense Lawyers have applied for a review of the court’s decision arguing that it has no power to cancel a police bond.
When the matter came up for ruling this morning, sitting in the Kawambwa Subordinate Court, Magistrate Martin Namushi has since adjourned the matter to 12hrs today to allow the state respond to the defense’s application.
In his submission, defense lawyer Jonas Zimba argued that the court has no power to cancel a police bond but can only harden the conditions to the bond.
“On a point of law, I raise for the court to revisit and review it’s own decision. I wish to bring to the attention of this court in the case of the people vs Benjamin Chitundu and others of 1992. The position of the law in that case being that a court has no power to cancel police bond but can enlarge or harden the condition to the police bond. As an officer of this court, by section 85 of the Legal Practioners Act chapter 30 of the Laws of Zambia, I will be failing in my duty if I do not bring to the attention of this court of this Authority. It is my prayer that the court revisits it’s decision and take a different route where this matter is concerned,” counsel Zimba submitted.
And when the state asked for time to respond to the defense’s application, Counsel Zimba said what he has raised is for the court’s consideration.
“What I have raised is a point of law. It is a matter that requires consideration by the court, it cannot in anyway be understood to me that the state is incapable of responding to a point of law,” he said.
Earlier, State Advocate Wilson Mwale asked for some time for the state to respond to the application made by the defense.
“As submitted by learned counsel, he has raised a very serious point which should require a major response from ourselves. We apply that we be given time to give the response by tomorrow,” he said.
Magistrate Namushi has since adjourned the court proceedings to 12hrs today to allow the state respond to the defense’s application.
In this case, Pambashe Member of Parliament Hon Ronald Kaoma Chitotela and his Kawambwa Central counterpart Hon Chilangwa and five others have been charged with one count of arson, threatening violence, malicious damage to property and four counts of assault.
Other people accused in this case are Kawambwa Mayor Chifumbe Kalumba, Kunda Chitotela, Chabu Chitotela, Davy Kaniki and Charity Chibwe Musanto.
It is alleged that on August 12, 2021, the two lawmakers and five others while acting together assaulted four UPND members, damaged the windscreen of the Mahindra Bolero motor vehicle valued at K400, 000 before allegedly setting it ablaze and further threatened violence.
The accused persons are being represented by Counsels Benjamin Mwelwa, Jonas Zimba, Boniface Chiwala and Kampamba Kombe.
State Advocates include Mwala Museta and Wilson Mwale.
Hon Chilangwa has since remained in custody.
- Smart Eagles