LUSAKA principal resident magistrate Sylvia Munyinya has declined to make proclamations on Fred M’membe’s calssied information case on reasons that it is not cause listed for today.
During the allocation of criminal cases Dr M’membes lawyer Borniface Chiwala requested that his client’s case be allocated before close of business today.
“Your honour my client is before Court today but we are told the matter is not cause listed. It is our plea that the matter be cause listed so that it may be allocated today,”said Chiwala.
However magistrate Munyinya indicated that she has no powers to make pronouncements on a case that is not before court.
“What gives me jurisdiction to deal with the matter is the indictment and the cause list. Without the indictment I have no jurisdiction. I cannot even extend police bond for a matter that is not before me,” she guided.
Based on the Court’s guidance Dr M’membe’s other lawyer Timmy Munalula requested to be excused so that they could have his police extended by law enforcement officers.WIN INSTANT CASH AND FOLLOW THE STEPS WITH A SINGLE CLICK
Dr M’membe who is the leader of the Socialist party is charged with communication of classified information.
It is alleged that Dr M’membe with other unknown persons received confidential information that the Chairpersonship of the Central Joint Operations Committee has been changed, which information he posted on his Facebook page ‘Fred M’membe’ on July 21, 2023 an act that contravenes the State Security Act Chapter 111 of the laws of Zambia.
Following his Court appearance Dr M’membe wondered why the police arrested him yet the National Prosecutions Authority is not ready to try him.
“Why are they wasting peoples time why arrest a person when you are not ready to prosecute a matter,” he questioned.
His other lawyer Simon Mwila was dismayed that the State lacked the courtesy to communicate that it was unprepared.
The police has since extended bond to September 15, 2023.
By Mwaka Ndawa
Kalemba August 31, 2023
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