LUSAKA magistrate Nthandose Chabala has failed to deliver ruling on whether or not former UPND vice-president Geoffrey Bwalya Mwamba has a case to answer for allegedly proposing violence after he said he would “go for President Edgar Lungu’s throat”.
Magistrate Chabala was today, May 28, set to rule on the matter but has since deferred the matter to June 18 because her ruling was not ready.
When the matter came up, she informed both the prosecution and the defence that she was not able to deliver her ruling in the matter because it was not yet ready.
She then indicated that she would deliver the ruling on June 18.
On April 25, magistrate Chabala set the date for ruling after the prosecution closed its case following the testimony of the arresting officer.
It is alleged that Mwamba, popularly known as GBM, on March 2, 2016, said he could go for President Lungu’s throat which the police said breaches the law to assemblies, but he pleaded not guilty.
Arresting officer in the matter, deputy chief inspector Webster Moonga from Lusaka Central Police Station, testified that he charged and arrested GBM because he proposed to cause death or injury to the President.
Moonga said he investigated the case which was lodged by a member of the public.
He said he summoned GBM for interviews and later charged and arrested him for the subject offence.
However, GBM under warn and caution, denied the charge and was later detained at the police station.
Moonga testified that he detained GBM after he had interviewed Richard Phiri, an editor from Hot FM radio station and Logic Lukwanda who wrote the story as the statement in question was aired by the station.
He said he was given a compact disc even though he did not submit it in court as it was with the exhibiting officer who was unwell.
When cross examined by GBM’s lawyers Keith Mweemba and Gilbert Phiri, Moonga admitted that he could not know which Edgar Lungu was being talked about as there were many people with that name.
He said he would not even know whether there was indeed an assembly where GBM allegedly uttered the said words.
Moonga agreed that there was no notice which was circulated by the UPND that there would be a meeting in which GBM would be said to have addressed the people.
Meanwhile, the defence asked the court to acquit GBM as the state had lamentably failed to establish a prima facie case against him.
Ruling will be delivered on June 18.