CHIEF Justice Mumba Malila and President Hakainde Hichilema’s political advisor Levy Ngoma are supposed to appear in court to testify in a case Patriotic Front secretary general Raphael Nakacinda is accused of defaming President Hakainde Hichilema.
This is in a matter Mr Nakacinda has been found with a case to answer in matter Nakacinda is charged with defamation of the President.
It is alleged that on December 13, last year in Lusaka, with intent to bring the President’s name into disrepute, hatred, ridicule or contempt, the politician caused to be published defamatory matter against the Mr Hichilema.
The alleged defamatory words were uttered when the politician was addressing journalists at the Lusaka High Court grounds and the same were aired by television stations.
He denied the charge but was later found with a case to answer by Lusaka magistrate Irene Wishimanga who then placed him on his defence.
When the case resumed for continued defence, defence lawyer Emmanuel Phiri applied for an adjournment on grounds that the witnesses Dr Malila and Mr Ngoma, who were subpoenaed to testify, were not before court.
Mr Phiri applied to adjourn the case to give the defence time to secure appearance of the witnesses at the next scheduled dated.
But a state prosecutor objected to the adjournment application on grounds that the defence had not shown the court that they have served the subpoenas on the two people.
The prosecutor, Alex Yanganani, noted that the case had previously been adjourned twice and the defence should just closed their defence if they were unable to bring the witnesses.
The court heard that it was Mr Nakacinda’s desire to have the witnesses testify and aide his case.
“The accused asks the court to grant him an adjournment to secure the attendance of the accused,” Mr Phiri applied.
Bu magistrate Wishimanga noted that no proper reasons had been given to adjourn the case.
“You should have informed them [witnesses] on Friday, to remind them, they are your witnesses if they are not ready. You close the case,” the court said.
Magistrate Wishimanga is concerned that the case started over seven months ago and it is still on defence despite the led lawyer promising to close their defence two months ago.
“This is the last adjournment I will close the case at the next sitting of the witnesses will not be available,” she ruled.
(Mwebantu, Tuesday, 14th November, 2023)