Q FM Africa's Modern Radio
The State has objected to an application by former Lusaka Province Minister Bowman Lusambo to take the case in which he is charged with possession of property reasonably suspected to be proceeds of crime to the Constitutional Court for constitutional determination.
In this matter, Mr. Lusambo is jointly charged with his wife, Nancy.
When the matter came up, Mr. Lusambo claimed that he was tried and convicted by President Hakainde Hichilema, when he recently held a press Conference at State house.
But, the State argued that the application by Mr. Lusambo is a clear attempt to delay the proceedings in his criminal matter.
State Prosecutor Martin Muyembe said the Court should allow trial to proceed because civil matters such as contempt of court cannot be used to halt criminal proceedings.
Mr. Muyembe submitted that the state was ready to prosecute Mr. Lusambo and had lined up some witnesses.
The State further argued that if Mr. Lusambo’s allegation is true, he should have used a different format and not an application for Constitutional reference, adding that this is because the alleged contempt was not committed in the face of the court but outside.
This was after Mr. Lusambo alleged that the comment by the President on a matter before the Court is against his right to a fair trial.
Defence Lawyer Makebi Zulu said since the President cannot be cited for contempt by the Magistrate, the matter should therefore be taken to the Constitutional Court.
The Defence argued that the Magistrate Court has no powers to interpret the provision raised, hence the need for Constitutional reference.
The matter has been adjourned to May 20th, 2022.