DPP enter nolle in Amos Chanda’s contempt case

Director of Public Prosecutions Lillian Siyuni has entered a nolle prosequi in the matter in which UPND leader Hakainde Hichilema had asked the Lusaka Magistrate Court to cite Presidential press aide Amos Chanda, Daily Nation newspaper proprietor Richard Sakala and the newspaper itself for contempt of court.

Ms Siyuni has discontinued the contempt proceedings against Mr Chanda, Mr Sakala and the Daily Nation pursuant to the powers vested in her by section 81(1) of the criminal procedure code chapter 88 of the laws of Zambia.

Particulars of the offence are that Mr Chanda and Mr Sakala on dates unknown but between 1^st May,2017 and 1^st June,2017 at Lusaka jointly while acting together with other persons unknown while judicial proceedings were pending in the Magistrate court in the case involving Mr Hichilema and his co accused did make use of a speech and publish in writing an article which is contemptuous and/or prejudicial against or capable of prejudicing the accused.

The article complained of was headlined “HH acted foolishly” and was published in the Daily Nation Newspaper of 1^st June, 2017, quoting Mr Chanda who appeared on ‘The Stream’ programme on Al Jazeera on 30^th May,2017.

Lusaka magistrate Felix Kaoma has since discharged the accused following the DPP’s decision to discontinue the matter.

He stated that the lower court has no powers to refuse a nolle prosequi by the DPP, neither can the court question why the DPP has taken such a decision.