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Sakwiba Tells Court : HH Is Being Charged Under A Colonial Law Enacted In 1938

Sakwiba Sikota

Defence lawyers for UPND president Hakainde Hichilema have applied that his indictment be quashed in a matter where he is charged with publication of false information.

The lawyers contend that Mr Hichilema has been charged under a law which contravenes the constitution.

Defence Lawyer Sakwiba Sikota has submitted that the penal code in question is archaic and was used by the colonial regime to oppress the people of Northern Rhodesia.

Mr. Sikota says section 67 of the penal code was enacted in 1938 and last amended in 1958.

Mr. Hichilema is said to have alleged that the Patriotic Front had sent some youths to be trained as militias in Sudan

Another defense lawyer Jack Mwiimbu has told Lusaka chief resident magistrate Joshua Banda that Director of Public Prosecutions Mutembo Nchito abused his discretion by writing to the Inspector General of Police that Mr. Hichilema retracts his claims against the Government.

Mr Mwimbu has submitted that by his conduct, the DPP had consequently waived his right to prosecute Mr Hichilema’s case.

Meanwhile, the defence lawyers have also applied to take Mr Hichilema’s case to the High Court for determination of the constitutionality of the charge.

Lusaka Chief Resident Magistrate Banda has reserved ruling to Thursday this week.

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Posted by on October 1, 2012. Filed under LATEST NEWS. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

48 Responses to Sakwiba Tells Court : HH Is Being Charged Under A Colonial Law Enacted In 1938

  1. MUNYELO PWETE! Reply

    October 1, 2012 at 6:32 pm

    Hichilema is in Trouble!!!! It defies the entire spectrum of legal logic to hear such nonsensical pronouncements from some one who considers himself a legal luminary.
    Section 67 states that (1)any person who publishes, whetherorally or in writing or otherwise any statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the peace, knowing or having reason to believe that such statement, rumour or report is false, is guilty of a misdemeanor and is liable to imprisonment for three years.
    (2)It shall be no defence to a charge under subsection (1)that he did not know or did not have reason to believe that the statement, rumour or report was false, unless he proves that, prior to publication, he took reasonable mesures to verify the accuracy of such statement, rumour or report.
    That is the law as it stands under chapter 87 of the laws of zambia. Sikota should realise that we inherited the english legal system and he has practicing and making money under the same laws that today he is calling archaic.
    The question any reasonable person should ask himself is ‘how does this law contravene the constitution? Which section? Is it section 20 which talks about freedom of expression? The law is as it is under section 67 and it has not been repealed! So it stands! The best sikota can do is to start researching on how he is going to serve the skin of his client who from the word go, has started sinking! Let him just prepare proper legal arguments instead of fishing in a dry pond! But all in all, Hichilema is in trouble!

  2. Tupac Reply

    October 1, 2012 at 6:35 pm

    Banakauza kucita retract vamene kanakamba but kanakana kuona monga kenze nikochenjera but kamba kulira kuseni seni mulandu ukalibe yamba mu court?Failed bull 4 real.

  3. Jube Reply

    October 1, 2012 at 7:04 pm

    If this country was made up of cowards like this Munyelo, we would have been overtaken by another country by now.

    The fool only writes rubbish on the site.

  4. Southern watchman Reply

    October 1, 2012 at 7:05 pm

    THE LAW SHOULD NOT BE APPLIED SELECTIVELY IN THIS COUNTRY JUST BECAUSE ONE TRIBE IS HEADING BOTH THE LEGISLATURE AND THE JUDICIARY. SEASONS COME AND SEASONS GO AND ONE DAY THE TRIBES WHICH HAVE FOR SO LONG A TIME BEEN CONSIDERED INFERIOR AND SMALL WILL RULE THIS COUNTRY. THESE PEOPLE ARE WAITING FOR THE TIME WHEN GOD WILL GIVE THEM THE MANDATE TO RULE THIS COUNTRY AND WHEN THERE TIME COMES THEY WILL GIVE TO KOLWESTANS WHAT THEY DESERVE BECAUSE THEY ARE NOT HAPPY. JUST WAIT AND SEE AND I HOPE KOLWESTANS LIVE LONG SO THAT THEY CAN FEEL THE HEAT.

  5. MUNYELO PWETE! Reply

    October 1, 2012 at 7:49 pm

    @Jube
    Iam terrified with your level of reasoning and to be frank with you, my kindergatten daugter seems to have a better IQ compared to you and the rubbish you are vomiting! My dear we are talking about the law. Instead of your lawyer Sikota presenting reasonable legal arguments, he is equally vomiting rubish. Zambia inherited the english legal system and there are a lot of articles that we are using both in criminal law and other laws that have not been repealed since independence. In zambia both statutory law as well as case law applies and if you consider case law you find that some was made as far back as 1700! Moreover, even customary law is applicable as long as it is not repugnant or contravenes the constitution!
    Iam sorry my dear if you are still herding cattle but this is law and your foolish hichilima knew that what he was saying was not true!

  6. MUNYELO PWETE! Reply

    October 1, 2012 at 7:53 pm

    @ Jube
    Washuka sana chikala lele nimbuka bwino nganakutuka! Wanunka pamputi!

  7. Mulo Reply

    October 1, 2012 at 8:02 pm

    Hh is a fool

  8. Miner Reply

    October 1, 2012 at 8:37 pm

    Homo Habilis (HH) is a fool en son of the *****

  9. kapuli wa ng'ongo Reply

    October 1, 2012 at 8:38 pm

    As I said recently there will be several adjournments some as flimsy as spelling mistakes on the indictment schedule that will delay this case so many times. As the delays take their toll, Sakwiba Sikotas bill will be rising and whichever way the case finally goes Sakwiba will be grinning all the way to the bank and HH bank account will be a good K200m less

  10. pavel Reply

    October 1, 2012 at 8:52 pm

    That is how this guys plays games.politics is a dirty game and nothing will happen to HH.

  11. COW NO PLAN Reply

    October 1, 2012 at 8:56 pm

    gone are the days when a small people in politics thought they can say anything and get away with it !
    uyu wena balemunyonga !!!!

  12. CHINVINDINVINDI Reply

    October 1, 2012 at 9:07 pm

    Isnt this the same lawyer who schemed to have Dr. Mahtani stripped/robbed of Finance Bank?
    Not all that Glitters is Gold!
    Does it mater when the statute was enacted? It is a strategy to buy time until 2013.
    But we know that he will again not win the predency.!

  13. Debs Reply

    October 1, 2012 at 9:59 pm

    @munyelopwete i second yo anlysis in sakwba ‘s remarks it realy shows tht mr HH is being fooled in this legal representation ts lik a story i read in g8 abt a greed fool who spread the news in the all village tht the pumpkins ar poisonous shud be thrown in a well later ws cot down the well chewing the sem pumpkins,wake up hh bt @jube ts high tym u startd appreciatd the gud analysis frm yo frends

  14. kakolwe Reply

    October 2, 2012 at 1:54 am

    Bo Sakwiba, it would have made sence if you had said that the article used was from the Laws of Northern Rhodesia. Sadly for you its the LAWS OF ZAMBIA you used and thats what locks you in. More money for you boss.

  15. Eric Reply

    October 2, 2012 at 3:04 am

    The Constitution Zambia has been using since Independence was the one the BaZungus left us; Governments have come & gone yet there hasn’t been any Constitution that was ever written & enacted into Law thereby repealing the “Colonial law”; so what exactly is Saki saying?

  16. buga Reply

    October 2, 2012 at 5:52 am

    @Munyelo pwete, I pity you my friend because you still think herding or having cattle is a bad thing or makes someone backward. It amazes me how you fellows want to have beef on your tables but still call the people who keep the cattle names! How foolish! You were even crying to have betty kaunda’s funeral moved to chinsali so that you can eat some nama for a change. ****** kolwestans.

  17. Biggie Smallz Reply

    October 2, 2012 at 6:33 am

    @MUNYELO PWETE how is life at chainama mental hospital. i did not know they allow mental patients access to the internet that side. keep your insanity to yourself. As for Mr Micheal Satan you will never succeed in turning this country into a dictatorship, its like your days as a useless colonial constable have really confused you. all over the world great men and women have put their lives on the line to preserve democracy and all zambians will do the same. Viva Democracy, Viva Freedom of Speech, Viva HH

  18. Debs Reply

    October 2, 2012 at 6:57 am

    @ buga its nt tht pipo intentionaly like degrading ur local pastoralist in southern province bt on ths site it hs been assumed tht those passng negativ opinions on the present govt ar tongas supoting upnd if u hapen to be 1 lets try by all means to b nuetral in our anlysis,beta inform @jube who violeted the peace on ths mater to a valid point @munyelo,all same saki is a cunning snake only try to gain a profit from a straight fowad case ,hw dull can hh b to fail to decipher the triks of saki?historicaly, lozi kingdom ws fist viztd by french misionaries so saki cud be practising francophone law who knows?

  19. Debs Reply

    October 2, 2012 at 7:10 am

    @big smalls my frend u misunderstnd freedom of speech by posting defamtory language which sounds more racist & provocative be an analyst nt a blind stone thrower otherwise@munyelo fogive the chap & lets continue exercise intellectul opinions to educate the nation

  20. MaxMbizo Reply

    October 2, 2012 at 7:41 am

    Saki, Saki, Saki my boy. I am not a legally trained person, but in my humble opinion, even if the law was enacted and amended during colonial days I think it still applies today if it has not been repealed.

  21. patriot Reply

    October 2, 2012 at 7:42 am

    @ Munyelo Pwete,
    What kind of a twit are you not to reason except insults msatanyoko kachikaala.paanyoo nsembeee..

  22. mali Reply

    October 2, 2012 at 8:29 am

    ITS MINER OR MINYO

    *****, SON OF THIEF, SON OF A *****

  23. Mampolyo Reply

    October 2, 2012 at 9:15 am

    Umuntu ni tupac

  24. MUNYELO PWETE! Reply

    October 2, 2012 at 9:42 am

    @ Debs
    Thanks alot mdala! Unfortunately these mangwams who are opposing my view do not even have any ground to argue from! They are all indoctrinated with a medieval mentality where everything starts with cows and ends with cows! Bafikala muletandala and see what is obtaining in other towns and countries! Moreover, in Zambia if you cant speak BEMBA OR NYANJA/NSENGA you are doomed!

  25. Nicola Reply

    October 2, 2012 at 9:58 am

    HH litole sana together with sakwiba chikala.
    you fools you are not clever, you shall sweat.

  26. kakolwe Reply

    October 2, 2012 at 10:22 am

    Statiscally, tumfweko has an avarage of 23 regular visitors belongings to UPND and PF with a handful of neutrals who thrive on sexism. Those that belong to political camps have promoted themselves to speak on behalf of the nation. Sad!

  27. kakolwe Reply

    October 2, 2012 at 10:27 am

    Sadly, even if Pwete gives a solid arguemment which is evidence based, one Biggie Smalz will rubbish it & vice-versa. Lets all be analytical, we may help HH to see through Saki’s employment sustanance gimmicks. In this one, HH will pay good before the whole case in expunged!

  28. The Elder Reply

    October 2, 2012 at 10:40 am

    Law is law.remember its part of our constituion whether its from the stone age or colonia era.If you utter or do smething against the law like uttering unfounded allegations like what HH did or beating mourners like what those cadres did at the cathedral then be ready for the law to put you in your rightful place.The law is meant to protect the nation from antisocial psycopaths who think they are supernatural.bt please equal justice must prevail.

  29. muko Reply

    October 2, 2012 at 10:45 am

    Let the law be applied if it is there, we have a bunch of these idiots issuing alarming statements: HH – ABOUT MILITIAS
    SATA – SINDAMISALE ILLEGAL FIREARMS
    BOB SICHINGA – COUNTERFEIT KWACHAS
    GBM – ASSASSINATION STORIES
    CHISHIMBA III – YOU ALL KNOW IT!!

    We are not fools we know you all so let them be locked up!!

    Takuli ati HH eka, ni bonse fye ala!!

  30. Tinta Reply

    October 2, 2012 at 11:21 am

    Please, ladies and gentlemen, i beg you in the name of Jesus our saviour to restrain from insults. We are all from one God regardless from which tribe we originate from- in fact we are all equal before the eyes of God. What legacy are we going to leave for our children? Just argue politely and respect one another’s opinion. Stay blessed!!!!!!!!

  31. FAXMAN Reply

    October 2, 2012 at 11:43 am

    Why do they want the case to be quashed? Is he guilty? i so let him face the wrath of the law.

  32. CALLED WISE Reply

    October 2, 2012 at 1:01 pm

    @Tinta, U R OF MY VIEW.
    1 negative thing about my leader HH is dat he owez finds it hard 2say sory.i tod him 2 present proof on da sudan claim or swalo his words but…
    2 sad.

  33. Debs Reply

    October 2, 2012 at 1:03 pm

    @munyelo u ar welcom brother, let the dead bury themselves @kakolwe,tinta ,êlder & other collegues ,lets continue making this blog more infomative & educative this the fredom of speech ,hop othaz wil emulate

  34. Dododo! Reply

    October 2, 2012 at 1:54 pm

    @ MUNYELO PWETE! you are denting the blog man, am sure you have no shame so this bothers you not. leave this blog for the nergative or positive but sane man!!

  35. MUNYELO PWETE! Reply

    October 2, 2012 at 3:26 pm

    @ Dododo
    You sound as if you are possesed with a mentally retarded demon! Nakupapata ikalafye, nshilefwaya ifyongo! Just check @ Tinta’s comment but careful not to use my name in vain!

  36. Willy Reply

    October 2, 2012 at 3:36 pm

    @Munyelo, speaking bemba or nyanja doesnt make you anything. Its just for communicating on the street especially when you want steal. Your thinking is very backward. Nyanja is just a language, its not a tribe. There is bemba the tribe which very small of course and there is bemba the street language. Thats why you learning you ****** law at zambia open university in english and not nyanja or bemba.

  37. Willy Reply

    October 2, 2012 at 3:41 pm

    @Munyelo, speaking bemba or nyanja doesnt make you anything. Its just for communicating on the street especially when you want steal. Your thinking is very backward. Nyanja is just a language, its not a tribe. There is bemba the tribe which is very small of course and there is bemba the street language. Thats why you are learning your ****** law at zambia open university in english and not nyanja or bemba.

  38. Francis Mwansa Reply

    October 2, 2012 at 3:50 pm

    HH chipuba sana…

  39. Zambian Reply

    October 2, 2012 at 4:10 pm

    viva HH..these Bembas never sleep pali iwee!! let them arrest you we shall vote you even in prison.

  40. Tonga Hero Reply

    October 2, 2012 at 6:03 pm

    the mistake the father to munyelo made was to impregnant his mother through the aaas! Hence munyelo

  41. Debs Reply

    October 2, 2012 at 7:19 pm

    So ninshi u tongaz u owez wnt put a fight where ts not necessary why ar u so adamant to grasp pipoz plea to hav harmony as one zed one love stop provocative statemnts on blogerz yo political affiliation shud nt divide us learn to cal a spade a spade then u help in building the nation pliz understnd the sudject matter

  42. Prince TDC Reply

    October 2, 2012 at 8:01 pm

    We with voters cards en who decide who to put in statehouse dnt even do shallow politics of insults da way some bloggers do!let’s analyse our failures en c da way 4ward esp where we errored! Tumfweko u too r to blame 4 publishing insults’ we nid constructive critism and solutions!

  43. Katwa Reply

    October 2, 2012 at 8:17 pm

    Viva HH, Viva SS (Sakwiba Sikota). The kolwes wanted to divide you in 2006 but they are surprised you are together now. HH wont be arrested.
    Am sure MC and HH are more of friends than thses bloggers who seems to be comming from homes of where there are no adults. Munyelo, Tupac, mulo, miner, nicole did you have the priviledges of staying with both parents? Were your parents or guardians used or come home before you sleep?

  44. suntwe Reply

    October 2, 2012 at 8:23 pm

    @Munyelo mpwete and Tupac please spare us from seeing insults on this fora. It is not our fault that the condom your father used bursted to create you-you a mistake of creation. Leave this fora to good brains like Tinta’s.

  45. kapuli wa ng'ongo Reply

    October 2, 2012 at 10:41 pm

    DID YOU KNOW THAT IN THE UNLIKELY EVENT THAT HH GETS CONVICTED FOR THIS CRIMINAL OFFENCE HE WILL NOT BE ELIGIBLE TO STAND AS PRESIDENTIAL CANDIDATE IN 2016?

    SHOUKD THIS HAPPEN UPND WILL STRUGGLE TO FLOAT A SUITABLE CANDIDATE.

  46. Francis Mwansa Reply

    October 3, 2012 at 9:38 am

    Zambia for Bembas……

  47. jk 3333 Reply

    October 3, 2012 at 1:58 pm

    ba

    MUNYELO PWETE mulichipuba fye imwe. nechitufi chawamapo. you have eyes but you cant see. you have ears but you hear na kabwa kandi kunganda kalikwata amano. wake up and see sence in hh boy.

  48. Katwa Reply

    October 3, 2012 at 6:16 pm

    Zambia for Bembas. Let the official language change to Bemba. Those who are not yet married. Marrying a bemba is now adding to a CV.

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