Politics

Hichilema Acquitted; Remains In Prison For Treason

Lusaka magistrate David Simusamba has set May 22 as the date for ruling on whether the alleged treason charge against Hakainde Hichilema and five others should be refereed to the High Court through a committal or for constitutional issues.

Hichilema earlier appeared before Magistrate Greenwell Malumani where he has been acquitted of the charge of using insulting language.

Malumani acquitted UPND leader Hakainde Hichilema in the case of ‘use of insulting language’, saying the prosecution has failed to prove the case beyond any reasonable doubt.

In his judgement today, he noted that it was clear that the arresting officer Mbita Mpazi did not conduct any investigations in any of the cases including treason, but watched television and based on his impressions charged the accused with treason and other offenses.

Magistrate Malumani said the accused can only be convicted if he used offensive language to the complaint at a public place or if the offending words would lead the complainant to commit any offense.

In summarizing the testimonies of four state witnesses, Magistrate Malumani noted serious contradictions in the first witness’ testimony and said he also took note of demeanor.

On the second witness, magistrate Malumani said he told the court that the complainant was the arresting officer but later changed his position that the complainant was in fact the state.

On the third witness, who was the arresting officer, Mbita Mpazi, Magistrate Malumani said he was shocked by Mpazi’s inconsistency.

“I was shocked with the extent of this witness’ inconsistencies. He exhibited great ignorance about how a matter must be brought to court according to the Criminal Procedure Code,” he said.

Magistrate Malumani also said he noted his demeanor and noted that he exhibited arrogance and lack of knowledge of court etiquette. He said Mpazi gave him an impression that he was not telling the truth and his conduct was regrettable.

“I must state that the conduct of this witness was regrettable. It was clear that he intended to tell lies to the court on oath,” magistrate Malumani said.
H
e noted that it appeared Mpazi was bent on destroying the prosecutions case. “He said some other witnesses were Prime TV and ZNBC…It implied that he was watching television and based on the impressions he got, he went to the accused house and apprehended him without recording any statements from any witness.”

On the fourth and last witness, Magistrate Malumani noted that he also drew an impression that he was concealing the truth.

“I was prompted to record his demeanor because he made me draw an impression that he was concealing the truth,” he said.

His testimony augmented the defense’s argument that there was no complaint made on the incident.

“I find the following facts not in dispute. Many officers visited the accused house in the night on April 10 and they were there when he was apprehended on April 11. There was no independent witness but only oral evidence of what the witnesses said. No witness from Kabwata police was called and no evidence was read to the court to prove the allegations. It’s not in dispute that Mpazi Mbita was the arresting officer for all the cases facing the accused which includes treason.

“It is not in dispute that he went back to Western Province to investigate these offenses and he never recorded any evidence from there, all he did was watch television and he charged the accused,” Malumani observed.

SUMMARY OF JUDGEMENT IN FACTS…

In the night of 10th April, 2017, the state police officers went to HH’s and they arrested him the following day.

Magistrate Malumani says there is no pictorial evidence that HH used insulting language and that the submissions by state witnesses who are all police officers, there was no single independent person brought to court as witness.

Magistrate Malumani says arresting officer of HH for all charges, Mbita told the court he went to western province for duties and that he never recorded any statement but arrested HH on all charges without investigations.

Magistrate Malumani says it is within the law that always investigations are done before arresting anyone and that investigations must yield positive results.

Magistrate Malumani says cites that police have no powers to arrest and later begin doing investigations but that police must investigate and then arrest .

Magistrate Malumani says the arresting officer of HH and his evidence show that they arrested HH without any investigations but later begun investigations.

He says he makes this submission because Mbita is the arresting officer of HH for all charges including treason but without any investigations. Magistrate Malumani says even state advocates found it difficult to defend the case.

Magistrate Malumani says the law is clear on what constitutes insulting language and that this is supported by many other cases.

Magistrate Malumani says he was reffered to various case by the State advocates that insulting language is an offense.

And in trying to defend lies by the State witness, the state advocates submitted that police witnesses must not be taken that they are interested parties but on duty.

Magistrate Malumani says the evidence listed by defense lawyers shows however that there was no insulting language because no police officer was called from kabwata police station to tell the court that state witnesses reported the matter there.

Magistrate Malumani says how can a police officer be a complainant and arresting officer at the same time?

He says it is like one being a judge and defense lawyer who wants to argue out his own case or interest.

Magistrate cites that the court cannot convict anyone on hearsay.

Magistrate Malumani says in this case, all the witnesses are police officers and and that state witness and arresting officer of HH, Mbita did not investigate the alleged treason charge but arrested HH.

Magistrate Malumani says how can the court rely on evidence by arresting officer of HH, Mbita who told lies on oath and later apologize?

Magistrate Malumani says state witness Mbita told the court that Lawyer Martha Mushipe wanted to beat him but Magistrate Malumani says State witness Mbita is not a credible arresting officer especially that he is the one who arrested HH for treason but without any investigations.

Magistrate Malumani says it was argued that there could be other evidences hidden by state witness.

Magistrate Malumani says the law is clear that it is not the duty of police to convict people but take evidence to court which should lead to convictions.

Magistrate Malumani cites that behavior of police must be condemned because not all those brought to court are criminals but only hated by sadist.

Magistrate Malumani cites justice Lomba that if police can be professional only serious cases must go to court and not crowding prisons .

Magistrate Malumani says arresting officer of HH, Mbita has shown how abuse of power is going about in the country as he is the one who arrested HH without doing any investigations.

Magistrate Malumani says the court has no duty to bare witness to state witnesses who fail to avail evidence.

Magistrate Malumani says due to the state witnesses failure to show any single grain of evidence, police officers
failed to show why they arrested HH.

Magistrate Malumani says anyone arrested will be treated as a suspect until proven guilty by the courts of law as
enshrined in the commonwealth regulations.

Magistrate Malumani says it is because of such that HH decided to remain silent he can’t say a thing especially that this is a criminal proceeding.

Magistrate Malumani says the burden is on the state to prove that HH did not commit any offense.

Magistrate Malumani says has acquitted HH of insulting language forthwith.

117 Comments

  1. edgar chagwa lungu

    Kikiki no weapon fashioned against hh shall prosper.

    • hummer where it hurts

      GOD LOVES JUSTICE, THEREFORE DENYING SOMEONE JUSTICE IS WORKING AGAINST GOD.THIS IS A CLEAR CUT,THOSE CADRES IN UNIFORM WERE WORKING UNDER INSTRUCTIONS.MBITA IS FINDING IT HARD TO REVEAL EVERY THING BECAUSE MANY HEADS WERE PUT TOGETHER TO COOK UP THESE ACCUSATIONS.MWAMI BAZUNGU BA MBITA YOU ARE JUST A SACRIFICIAL COW WHILE THE MASTER MINDERS ARE ENJOYING THERE COFFEE OR WHATEVER.MALABISHI COME OUT FROM YOUR SHELLS YOU COWARDS AND HELP MBITA .NAIMWE BA MBITA KULI BONESHA TAA, MWAONA BA BISAMA BA DZANU.

  2. Andrew mwaanza

    Sincerely and intellectually handled proceedings at least we are beginning to see the unprofessional ism in the people we have entrusted our lives to.

    • Pompa Umona

      If or when he rules to commit HH to HC for treason then he will be unprofessional…This is the same Judge you were calling cadre and splashed is football photos ati ni PF cadre…ke ke ke ke

      • hummer where it hurts

        “Palya ba pompa opo tupisha hummer naena iyafina.”Bakalamba ngaba judge bapingulo mulundu uku ukonka ofyoli ukwabula uku lundà nangula uku fumya,ekutila babomba kulingana na mafunde aya bu judge owoba sambilile.Nomba ubwafya bamo ba judge bakonka ubupingwishi ubwaba booshi ,efilya tutila Nina cadre

  3. bright Sichoongo

    Job well done Mr G.Malumani i have personally followed the mater state lawyers have lamentably failed to articulate real issues before you.anyway thats how it is to lie, first step is always easy but step to is always challenging let us all be realistic in whatever we do!

  4. ine wine

    I pity whoever is still supporting the use of state actors to silence opposition. the best is to give them their space then PF will earn people’s respect not this witch hunting. this is like getting scared of your own shadow. anyway I am old enough to see the hallmarks of a regime when its fortunes start dwindling..

  5. The Sumba

    Only God knows God help HH and bless Zambia our country we need peace as usual

  6. Kebby

    Goodevening zambia!

  7. jack

    Ohhhhhh ba police

  8. Dager

    God is with u hh

  9. bc

    Commentjust arrest mbita

  10. Dizo

    Tell the police to stop brutality in the country, they are driving the christian nation into devil power. Foolish Police.

  11. Brian mweemba

    God is with u HH

  12. moses

    Shame on state witness

  13. Northwestern

    let hakaide hichilema be released from the court

  14. Charles Halwindi

    God Is With HH

  15. Oozing

    Yakakana yapindamuka chichi where are you baby plz I need you here say something

  16. JK

    Kkkkkkkkk,, his an idoit & foolishness cader like ECL. he failed even to explain, what is the meaning of ” treason ” ? zambia forward. release HH

    • ONE DK

      buuuuuu hh! nd u wil never rule thiz country. GOD will bless 4 not going to rule this country ok baby hh ,we luv u baby just be in prison god is going to protect u.

  17. Jonathan

    Stupit police officers, how can you arrest a person without investigation, HH should be realised very soon, if not you will see together with your commander ka jemason.
    SOURCE: UPND OG.

  18. emm(=la m@la~~ka¥

    thats hw laws are

  19. Jonathan

    Stupit police officers, how can you arrest a person without investigation, HH should be realised very soon, if not you will see together with your commander ka jemason.
    SOURCE: UPND OG.FORWARD.!

  20. JOOBO HAAMA TIMBA

    This is out next step

  21. ak75

    Well, well the justice has shown and recognised that abuse of power by the police is common .any comments from my coulegues from pf

  22. ZAMBIAN LEGEND

    Comment NO MORE WAR

  23. Real banda

    Shame on you devil,
    Zambia forwarddddd

  24. Emmuz boy

    Y a quitting him again u fools!? Leave him alone he didn’t commit an wrong,Remember, u will be also judged by our Heavenly father for bidding the trueth.God is watching u in every corner u mighty hide.

  25. cts

    Shame on these idiots together with their leader who sent dem to do so,,,very dull

  26. malumbomunthali5@gmail.com

    Thank u the court for losing th case

  27. Megamind

    truth is coming out now.can i see arresting officers/state witnes in prison.HH 4ward.UPND forever.

  28. Jay Rich

    To bad ba hh

  29. mr FOX

    these police officers have gone digital, arresting then investigation. naikoso yama

  30. IN

    we can’t say much,i thought the corps to arest a person evidence must be in place…We are just waiting for the treason case.

  31. SODIUM

    Bafikala Bonse 2021 Mukachitefye Resign Mwebene. Bonse Utuchito Bafikala Tukapwa, Mwaikata HH Uwabula Umulandu. FUCK U ALL MOTHER FUCKER BATOMBA NOKO ATASE IMWE MWEMBWA BAFIKALA. 2021 Mukaponokela pamo Nakokene Kachikala KACHIBUKU PRESIDENT E.C.PONO.

    • GIFT KASHITA

      WHAT A SMALL THINKING U ARE EVEN HAPPY TO YOURSELF AM SUPPORTING HH WHAT A SHEMU PERSON.

  32. Charms

    Bravo Bravo go hh hh nayo nayo
    Justice should prevail.

  33. j-creth

    The Truth will remain the same.

  34. Fredrick

    Foolish police officer, Ati Zambia is Christian Country While Arresting Innocent people.

  35. Fredrick

    Why Arresting an Innocent person

  36. drey lamar

    Dats one step ahead I like dat hh till Edgar pass out……upnd 4 life……mukafwa bafikala release my President…..

  37. cwanny-d

    #cwanny-d

  38. one a

    Comment shame on lungu

    • Luwingu Lwansase*

      Muleumfwa ba HH mwakula kakwa ne ng’ombe shaya nalubali. Sign by ..Luwingu lwansase* uwatumpa lwamoca*

  39. shabby

    Shame on you mbita anyway that’s the trend of policing in Zambia were they first effect an arrest then start investigation very sad indeed now i think those pf caders like mumbi phiri were right kakoma kanganja must resign without question he is not fit to lead the police, resign now before you cause much trouble to this nation we are sick of thinking of you and your incompetence we have other things to think of like zesco and their tarrifis shame, anyway my battery is going low and don’t have enough units

  40. gesh

    This just paints a bad picture of our country. How can such incompetent police officers be allowed to continue to work, they should step down they have embarrassed their profession.

  41. Real banda

    Chichi say something now am waiting for u

  42. Tembo

    If what I have read in today’s court proceedings and subsequent judgment for the HH’s use of insulating language case is really what transpired,then its embarrassing to our law enforcers and the state in general for failure to conduct themselves professionally. .

  43. mengmoreler

    OK!so interestng mwandi,som1 refusng being kod a liar, bt 2day hmm!u guys if u knw that ulichikopo cadre,don’t get employment which need educated people.mwamona nomba u have
    imbalanced yo boses mwandi and plz ba judge nankwe mukakeni uyo bcoz the bible says respect elders ba pfoose u say hh ddnt ven u arrested him, now the same bible says u should nt bare 4ce witness and these state weekneses have done it ven arrest vem2 not vama warning chabe lets b fair here napwisha,bt ati bwanji manyalilo wee now now he will b out and u repair his house oso bring back his money b4 yalula nkani.lelo lelo!

  44. Faith Mpande

    Every hidden things shall b brought to light. Zambia forward. ..viva president hh

  45. Nelwhyz

    Don’t Complain H H God Will Vindicate One Day

  46. Gima

    Even the petition ruling is just and fair.

  47. sylvester

    JUSTICE WILL SOON PREVAIL

  48. PIRATED™

    Ndeloleshafye

  49. peter mambwe

    Comment:Next step plz

  50. HH'son

    Release my dad i have missed him..Rollbacknever!

  51. wise man

    The proverbs said pansaka tapabula chiwelewele in Zambia some of the political leader like hh l and other party members bankonka mupulo hh never rule a country pf elyo yatampile but yateka nomba party yamashilu bushe hh nililali Wàbombelepo mubuteko zoona uli slow learner

  52. mengmoreler

    Prov;6vs12-19,10v9,12v16,14v8,BA ecl read prov17v9,lastly to mbita z prov18v17-20.

  53. Brave

    Forward

  54. Brave

    Ni forward

  55. Brian mutande

    Shame to you pf including your president chakolwa lungu, i thought lungu he’s a siniour lawyerl , the lawyer who fails to worn any case, the lawyer who doesn’t know the law, what kind of this person or the kind of a leader who fails to understand the law, chagwa poor vission more stress of fearring the petition to be head, according to little understanding listened that mbitta did not conduct any investigation in any of the cases including treasoo, in short treason with no invidence, zambia forwad!!!

    • Samuel Kacheche

      You pipo,you don’t stop to amaze me,why do you insult President ECL?was he the arresting officer or the complainant?stop cheap politics, just educate yo so called hh that there is always a next time, this is not his time,the majority spoke through the ballot, let him wait for his time,we don’t know when.

  56. J

    Officer mbita say the truth and the truth will set you free

  57. Mazwi

    Shame on police force. You want to please politicians start aresting criminals not inocent people , dont forget that hh is the next president what do you think will happen to your ka job?. Go back to lilayi. Amen.

  58. Kayumba

    Hikainde, can be aquited on tbis, but the fact is he has a foul mouth, he insults. The judge based his ruling on the trial, but HH knows inside that he insulted, and God knows also. That is he does when confronted, the chap insults with big insults even during rallies.

  59. Prisca Hambali

    We Thank God.

  60. Man of Peace

    This z wat justice is all about u officers. You’re even failin to follow simple rules wich u always work with? hmmmmm mama miaaah police officers.I think Police department z the waste in terms of corruption,breaking rules and stealin.
    aah!

    Let me not waste my energy on these fools, I thank u magistrate Malumani 4 acquittin HH because u kno wats right and wrong.

    Also profet Bushiri prophesyed truthfully and we’re heading now towards his words..May u please continue prayin 4 zambia, shalomu!

  61. Kilo Nde

    Shame on these instructed so called state police witnesses! Your punishment will very soon come. Whatever bad and evil treatment you have done to H.H will be backfire on face in million times. God is for us all. You are in government today, but not forever. Stop being used. For God’s Sake stop this hatred for HH.

  62. DEŹÈĚMO

    Ba buju zoona

  63. jodan

    This sounds fan how can u arrest someone without investigation of which u know that investigation leads to evidence ,law is law don’t take advantage ignorant police officers.

  64. mulyokela

    th prophecy z real wch was prophecied by bushili. pf u r gone n we wl bury in chawama

  65. Leon

    Zambian the real Africa

  66. son of pf

    There is only one president in this country ECL

  67. J.ss

    Arresting officer and complainant at the same time surely are these the people we have even promoted to such positions, people who have served in the police service for such a long period of time who can fail articulate issues professionally like that shame !!!! Well done your Honour !

    • Jack

      Worsed government

    • Middle

      H H he can not be a leader, he is full of boasting. A leader must be hamble not like him. One Zambia one Nation not one Zambia three Botatwe,…………

  68. jj

    niyokosa

  69. Mr e siluma

    Comment,i knew it b4, that this case won’t go anywhere bcoz police officers are not professional when dealling cases. God bless u hh,i rally behind u all the tme,zambia 4ward.

  70. SKY-JAY

    State witness uwabupuba, ka macky 2 kaleimba nokwimba ati tilizoni ifyabupuba, foolish pf supporter.
    SOURCE: UPND OG FORWARD.

  71. Chifita

    Foolish police Officer, that’s why you dull. Idiot

  72. Lozi Bull

    Comment; Y Nt Just Release H H,the Same Fools Who Failed To Giv Evidencies Ar The One To Say What On Monday,pf Ma Rubbish

  73. hanitanda

    lets just wait for the other case,than wil know if he”s inocent or not

  74. Trump Mazoka

    The core fiber of morality in Zambia started rotting along time ago. It scares me to thank that we’re likely to suffer multiple organ failiure.

  75. Brian

    Thanks be to the almighty for allowing mr malumani judge accordingly. HH will soon be out.

  76. zambian citizen

    I see no rezon 4 arest HH! haterat is bad, (Don’t be da Devil’s twin brothers).

  77. hummer where it hurts

    Stretch out your tails you PF cadres,I want to hear your comments.why are you mute or you are waiting for that cute girl to wash you with insults?

  78. Majest m zulu

    Aleisa hh ni forward chabe…….. God is fare baba.

  79. never mind

    one Zambia one Nation

  80. Big mozz

    HH for life

  81. citizen

    To god be groly.we are praying for you

  82. 126

    strong man, strong G like HH. zambian nelson mandela viva HH!!!!!!!!!!

  83. Mercy

    Awa baswabile woooooooo No one is above the law, God is on our side HH for life, @ tirizon kikikikikik malabishi

  84. tm

    hh for life

  85. SKY-JAY

    HH HH HH HH HH HH HH HH HH HH HH HH HH HH HH HH HH HH HH HH HH HH
    We are behind you.
    SOURCE: UPND OG FORWARD.

  86. zambian

    .so to be overtaken when driving is treason, RTSA educate us, drivers stop overtaking. i will never be a driver then< walakwa kale<

  87. MUPYA

    Ukose iweh

  88. Baibe nayo

    HH for life

  89. Alex a

    Mwami Ngupa basa

  90. itx xkomike

    HH for life

  91. Upside down 96

    what f*ckin part what goes up must also come down you will cry….

  92. ZED REALIST

    Its really ironic how the usual PF supporters on this platform have gone mute with the comments or switched sides to pretend that they love justice

    And also how the UPND supporters suddenly love the same judge they scolded not long ago saying his pf…now you also pretend to say you love this kinda justice..lol

    But what is justice really if it needs to favor one side for it to be accepted..let us wake up guys and ask ourselves huz calling the shots…?? Beyond this drama who are we, and were are we as a nation? #Zedlove

  93. Jk classic

    Light always shine no matter what

  94. Joseph

    Kikikikiki

  95. Cuthbert Beltrand Mozambique Gospel Artist

    Hakainde All Is Well You Wil Be Free All Cases

  96. Char muta

    yeah dat’s de way God works shame on u police kanda.

  97. dundumwezi 4omrer

    Comment reserved

  98. evarirto katanga

    Comment yaaba!!

  99. ME

    Comment thats what happen when got employement by corruption the all of his work wll b corrupted.

  100. Bruno mars

    Free him

  101. Armstrong mudenda.

    I salute yo judgment mr mulumani may you have no apointment bcoz u are the only one in zambia who knws y u are in that office.

  102. MWEWA CHITALU

    ECL NIMBWA NABAMUSALILE FIPUBA.LETS BE UNITED AND CHOOSE HH NEXT TERM.

  103. indoshi palupe

    what a nice rhyme ‘,,, in prison for treason,,,’

  104. Francis kunda

    Foolishness police and badness and power kkkkk

  105. Ere

    Bushit

Comments are closed.