OPPOSITION National Democratic Congress (NDC) party leader Chishimba Kambwili has appealed against his one year jail sentence in the High Court.
In a notice of appeal filed in the Lusaka High Court, Kambwili has argued that magistrate David Simusamba gravely misdirected himself both in law and fact when he convicted him of forgery and uttering a false document against the weight of evidence on record.
He contends that the trial magistrate also erred in both law and fact when he imposed a punitive sentence, basing the conviction and sentence mainly on the erroneous finding that the appellant, had shown no respect for the court, an issue that was not subject of trial before him.
He further argued that the lower court erred when it held that the appellant and some of his lawyers had no respect for the court and that he lied to the court over his COVID-19 positive test result when the same court had subpoenaed medical practitioners at its own instance, whose testimony went unchallenged and confirmed that he had Coronavirus.
“This shows the learned trial magistrate’s partiality, disposition and prejudice against him,” reads the notice in parts.
Kambwili also claims that magistrate Simusamba erred when he declined to recuse himself and proceeded to hear the matter and convicted him, notwithstanding the fact that he had accused him of trying to bribe the court, which led him to sue the trial magistrate for defamation.
“The magistrate erred in fact and law when he refused to refer the case to the High Court for determination of whether his constitutional right to a fair trial before an independent and impartial court had been, was being and was going to be infringed as a result of his refusal to recuse himself,” reads the notice.
And Kambwili’s Musa Mwenye has filed summons for bail pending appeal before magistrate Simusamba who has scheduled the bail hearing for Monday next week.
Meanwhile, magistrate Simusamba earlier declined to entertain Kambwili’s bail application dated October 14, 2020 because it was incompetently before him.
Last week, Magistrate Simusamba convicted Kambwili for 12 months imprisonment with hard labour for two counts of forgery and uttering a false document which will run concurrently.
No Zambian trucks were torched in South Africa, says Amb. Major General Jackson Miti (Rtd)
ZAMBIA’S High Commissioner to South Africa Major General Jackson Miti says no Zambian trucks were torched in the recent spike of violent protests against foreign drivers in that country
This is according to a press statement issued by Mrs Naomi Nyawali, First Secretary Press and Public Relations at the Zambia High Commission in South Africa.
General Miti said speculations circulating on various media platforms that four trucks belonging to Zambian drivers were torched are not true.
He said during this period of violent protests, Zambian truck drivers were advised to park their trucks until the situation normalized.
General Miti said the Mission in Pretoria was making frantic efforts in ensuring the safety of Zambian drivers together with their properties
He re-echoed his advice to Zambian drivers traveling to and from South Africa to be vigilant on the roads for their safety.
General Miti has further advised the Zambian media and the public to get accurate updates on the situation from the Mission or the Ministry of Foreign Affairs to avoid being given fake news
South Africa has recently experienced an eruption of violent protests against foreign truck drivers by local drivers, the situation which has seen about 30 foreign trucks burnt in some parts of the country, particularly in KwaZulu-Natal province.