AMOS KAWISHA
Solwezi
SOLWEZI Magistrates Court has refused to allow opposition figures Brian Mundubile and Makebi Zulu to present oral evidence in support of their challenge to the court’s jurisdiction and has adjourned the matter to October 13, when a ruling is expected.
The two are facing two counts of seditious practices, contrary to Section 57 of the Penal Code Act.
The defence had asked the court to allow the accused persons to give oral evidence based on the contents of their warn-and-caution statements, as part of their challenge to the court’s jurisdiction to hear the case in Solwezi.
Defence lawyer Bonaventure Mutale argued that the alleged offences were committed in Lusaka and, therefore, questioned why the matter was being heard in Solwezi, which he said was contrary to provisions of the Subordinate Courts Act and the Criminal Procedure Code.
However, Director of Public Prosecutions Gilbert Phiri opposed the application, arguing that the defence had no legal basis to introduce oral evidence because the issues raised had already been adequately addressed in documents before the court.
Mr Phiri said the State did not dispute the contents of the warn and-caution statements, which indicated that the alleged offences were committed in Lusaka.
In dismissing the application, Magistrate Mukonde said the issues raised through oral submissions had already been adequately addressed in documents before the court.
She noted that the State had not disputed either the contents of the statements or the assertion that the alleged offences were committed in Lusaka.
The accused are alleged to have acted together and published material through livestreams on their respective Facebook pages, claiming that, based on their parallel vote tabulation, NRPUP had won the presidential election and secured a majority of parliamentary seats.
The court has given the defence seven days to respond to the jurisdiction application, with October 13 set for the ruling and possible plea by the two accused persons. https://enews.daily-mail.co.zm/welcome/home
