Q FM Africa's Modern Radio
Lusaka senior Magistrate Greenwell Malumani has dismissed an application by UPND President Hakainde Hichilema’s lawyers to quash the treason charge he is facing together with his co-accused.
Delivering ruling on preliminary issues raised by both the defence and the state this morning, Mr Malumani said the subordinate court has no power to quash a treason charge.
He says the power to quash a charge of treason is vested in the High court which is also the trial court.
Magistrate Malumani, however, agreed with the defence that the treason charge slapped on the UPND leader was bad at law.
He ruled that the prosecution failed to particularize the overt acts the UPND leader and five of his co-accused allegedly engaged in which constitute treason.
He stated that the accused can only plead to a charge of treason if it discloses all the overt acts they allegedly committed like the case was in the Edward Shamwana treason trial.
Magistrate Malumani pointed out that in the Shamwana treason case, charges were very clear with documents and meetings cited, while in the charge against Mr Hichilema there was a vacuum.
The Prosecution has since amended the treason charge, alleging in the first overt act that Mr Hichilema together with Wallace Chakawa on 5th April, 2017 at Lusaka in the Lusaka district of the Lusaka province, jointly whilst acting together, did conspire to mobilise an advance party to ensure Mr Hichilema was to be accorded the status of President of the Republic of Zambia at the Kuomboka ceremony in Mongu.
In the second overt act, the state alleges that Mr Hichilema, Hamusonde Hamaleka,Muleya Hachinda ,Laston Mulilanduba,Pretorius Haloba and Wallace Chakawa on the 8th of April,2017 at Limulunga in the Mongu district of western province, jointly whilst acting together with approximately 60 other unknown persons and being in a convoy of motor vehicles on the Mongu-Limulunga road, did obstruct the presidential motorcade, an act that was likely to cause death to or grievous harm to the President in order to usurp executive power of the State.
And Magistrate Malumani has separated the treason charge from the two charges of using insulting language and disobedience of lawful orders.
Mr Hichilema and his co-accused have since pleaded not guilty to the two charges.
Magistrate Malumani has since granted the UPND leader and his co-accused bail of K10,000 each with two working sureties on the two charges, but they will remain in incarceration on the non-bailable offence of treason.
He set 10th and 11th May as dates for the commencement of trial.
He has also directed the Zambia Police to institute investigations into allegations of torture by Police officers on some of the accused, and into the stranger who visited Mr Hichilema during his detention at Lilayi Police training college.
Magistrate Malumani has further directed that Mr Hichilema be granted access to reading material while in incarceration.