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- Updated: July 20, 2012
The Lusaka Magistrate Court has demised an application by the defence lawyers to refer the case in which a UPND cadre who is jointly charged with four others to the High Court for determination.
This is in a case in which Aaron Sililo Pumulo 35, Joseph Muzonda 48, Lemmy Mukoba 29, Patrick Ntalasha 28 and Newton Chisutu 30 are charged with idle and disorderly conduct contrary to section 178 (1) of the penal code of the laws of Zambia.
The ruling was to determine whether the matter should be referred to the high court for determination following some constitutional issues raised by defence lawyers such as breaches of Article 11 to 26 which relates to freedom of expression, association, assembly and movement.
Delivering ruling, Magistrate Lameck Ng’ambi told the court that the application was made prematurely because the court has not been given an opportunity to hear the facts.
Magistrate Ng’ambi then dismissed the application and ordered that the trial should proceed.
The state is calling eight witnesses and the matter has been adjourned to August 15 and 16, 2012 for commencement of trial.