Riots rock Fr Bwalya’s Kitwe court appearance

Riots rock Fr Bwalya’s Kitwe court appearance
By Kabanda Chulu, Speedwell Mupuchi, Mwila Chansa and Abigail C
Tue 16 Mar. 2010, 04:30 CAT

A MINI riot swept through Kitwe’s town centre yesterday where people smashed cars and looted from certain shops after a police officer provoked a peaceful but tense situation by slapping someone outside the magistrate’s court where Fr Frank Bwalya appeared.

And police arrested some people including PF Copperbelt vice youth chairman Elias Kamanga for allegedly inciting riotous behaviour. Meanwhile, Fr Bwalya pleaded not guilty to the charge of engaging in activities likely to cause the breach of peace; and likened himself to John the Baptist preparing people for change.

Several people, some carrying and flashing red cards wanted to witness Fr Bwalya’s appearance in court but were not allowed to enter by police officers, who cordoned off all roads leading to the Boma offices where the magistrates’ courts are located.

Police officers kept vigil and were not allowing anyone to enter while people clad in red shirts and flashing red cards chanted solidarity songs and blew whistles.

And people without red cards, plucked tree branches, which they swung while stamping on the ground chanting ‘lelo ni lelo’ and ‘tulekeleni imfumu yaba yuda’ (leave our King of the Jews).

Around 10:00 hours, the crowd became ecstatic when Kafulafuta MMD member of parliament George Mpombo arrived to give solidarity to Fr Bwalya.

Several people who had taken over both lanes of President Avenue mobbed Mpombo while chanting, whistling and ululating as he made his way through the thicket of people into the courtroom.

‘Lekeni ba Mpombo bengile, ba lekeni mukwai’ said the people, and the police allowed him to enter the courtroom where he joined other parliamentarians like Chishimba Kambwili for Roan and Mwenya Musenge for Nkana.

The jubilant and enchanted crowd outside continued in songs for the duration of the hearing but when a police officer slapped someone for trying to jump the cordon line, some people started throwing stones at the police, who in turn fired tear gas and started beating people with shot batons, even those who were passing by.

People then started running towards ZIBSIP College and Mukuba Pension House, where they smashed cars and looted oil products and soft drinks at Kobil Service Station along 13th Avenue.

Business came to a standstill and shops and offices located near the city square, which had opened in the morning in readiness for trading, had to close. The affected entities included Stanbic Bank, ZSIC Limited, Kitwe Hardware, Vinco Limited, Mukuba Pensions House, Zesco Limited and several other outlets located near the court premises.

And Elias Kamanga, together with several other people were arrested by the police for allegedly inciting people to riot.

Reacting to the arrests, PF National youth chairman Eric Chanda accused the police of creating a violent situation with intentions to arrest members of the Patriotic Front (PF).

“If Rupiah Banda and his police officers like Kabonde and Mutentwa want war with Zambians through persecution, they can do it but people are ready for change,” said Chanda.

“PF is a peaceful party and we advise this government to stop persecuting innocent people like Fr Bwalya and we demand the unconditional release of PF youths since the police created this unfortunate situation.”

In court, Fr Bwalya pleaded not guilty to a charge of conduct likely to cause a breach of the peace.
Kitwe chief resident magistrate Mercy Makubalo granted Fr Bwalya a K100,000 bail in his own recognisance with two working sureties who should be employed in a government department or parastatal or running an established business.

Fr Bwalya, 41, a Catholic priest in Kitwe is facing one count of conduct likely to breach the peace contrary to section 178 (f) of the Penal Code Cap 87 of the Laws of Zambia.

Particulars of the offence before amendment read that Fr Bwalya on 12th March, 2010 in Kitwe publicly conducted himself in a manner that was likely to cause a breach of peace.

But before plea could be taken, one of Fr Bwalya’s lawyers, Richard Mandona of Permanent Chambers urged the court to press the prosecution to provide necessary information in the particulars of the offence, which he said was insufficient.

Mandona argued that the particulars of the offence as they were framed did not give sufficient information on how Fr Bwalya mis-conducted himself and that the details were necessary for him to defend himself.

“Was he fighting, was he shouting? What conduct did he do that raises this charge?”
Another defence lawyer Leonard Kasuba of Makumbi and Company noted that the omission of the place where the alleged offence was committed was clearly an irregularity.

Another defence lawyer Terence Chabu urged the court to quash the charge on grounds that the stated particulars were vague.

But state prosecutor Martin Shula submitted that the charge was in no way defective and that there was no law that required a specific place where the offence was committed to be mentioned.

In her ruling, magistrate Makubalo agreed with the defence that conduct likely to breach peace is committed in a public place and that in their indictment the state needed to name the place where the offence was committed.

The particulars of the offence were amended accordingly to include the phrase “that Fr Bwalya at City Square in Kitwe conducted himself in a manner likely to cause a breach of the peace”.

Immediately after Fr Bwalya took plea, the state informed the court that it was ready to for trial but the defence objected on grounds that they had not had enough time to get proper instructions from their client.

“This is justice hurried. The accused person was arrested on Friday and was immediately whisked off to Kamfinsa and brought today to court. We have never had time to get proper instructions from our client. We, therefore request the court to afford us more time to get proper instructions from our client. We ask for an adjournment,” said Kasuba.

The state did not object but urged the court to warn the accused against interfering with witnesses.
Another defence lawyer Terence Chabu asked the court to give Fr Bwalya bail because he was a man of fixed abode and would comply with the bail conditions.

And Kasuba urged the court to give favourable bail conditions because men of God had a humble economic background.

Magistrate Makubalo granted Fr Bwalya bail but urged him and the defence team to caution their followers against making too much noise at court.

She said failure to comply with her warning would prompt her to lock up all the noisemakers.
The matter was adjourned to March 31, 2010 for commencement of trial.

And in interview shortly after his release on bail, Fr Bwalya said he had never felt so confident of the value of the message he had started, to change Zambia and make it more humane, more just and a family where people share equitably.

He said his arrest was another baptism of him and others who believed in his message for change.

“My arrest is God’s way to continue exposing the intolerance, the corruption and selfishness of our government led by Mr. Rupiah Bwezani Banda,” Fr Bwalya said. “The way police behaved today (yesterday) is something that should be condemned by all Zambians that want to see a Zambia where justice, democracy and good governance reigns.”

Fr Bwalya said on Sunday, President Banda at Bible Gospel Church in Africa (BIGOCA) in Lusaka’s Matero township remarked that he (Fr Bwalya) was engaging in violent activities knowing too well that yesterday he was appearing in court.

He said President Banda’s corrupt and repressive regime needed to prove him right by causing a scene at the court that sparked violence as a way of confirming the President’s shock.

“As a matter of fact, how can a President who re-appoints a minister who has been found guilty on eight counts but discharged on one count, can such a President be shocked about my activities? How can a President who stops an appeal against a thief who has stolen from the Zambian public be shocked by what I am doing?” asked Fr Bwalya. “As a matter of fact, Mr Rupiah Banda is shocked that the UNIP era is long gone, people will not tolerate those who protect criminals.”

Fr Bwalya said people would not keep quiet when they had been denied a durable, people-centred and multiparty constitution.

He described government’s actions as kicks of a dying horse.
“They (government) are very strong, they are very powerful, but it’s for a while. Very soon, it will be dead silence,” he said.

Fr Bwalya said he looked at himself as John the Baptist preparing the people for change and helping them to decide on the quality of this leader to come.

“At last when the one who is to come appears, I will point to them so that the people can follow and effect the change they deserve,” he said.

Fr Bwalya said he had a lot of things in his heart to tell President Banda but since he was hard of hearing, he would write him an open letter through First Lady Thandiwe Banda.

“I also have a message for Mr. Michael Sata and Mr. Hakainde Hichilema from the over 1,600 prisoners at Kamfinsa Prison. This message is very important for Zambia. It will only be known to the public when I have met the two leaders together in confidence,” Fr Bwalya said.

He thanked all the people who prayed and strengthened him during his arrest, especially Catholic Diocese of Ndola Bishop Alick Banda who visited him on Saturday.

Fr Bwalya also advised Zambians not to allow anyone spoil the soup just because they (MMD) were on their way out.

“Say no to any violence, no violence, God forbids,” said Fr Bwalya.
And Change Life Zambia interim chairperson Fr Richard Luonde said Fr Bwalya was not after the presidency.

“Whoever goes in, Change Life Zambia will always monitor them,” said Fr Luonde of the Anglican Church in Chingola.

Meanwhile, UPND Copperbelt vice-chairperson Doreen Sefuke said that blood would spill if Fr Bwalya was not released.

Sefuke said the PF/UPND Pact on the Copperbelt had given the MMD government a red card because their incompetence could no longer be tolerated.

In an interview, Sefuke said the police had arrested a wrong person and that the MMD government should be prepared to bear the consequences.

“The Pact is not going to sit and watch. The MMD government should prepare themselves for what is about to happen,” she said.

Sefuke said the Pact was more than ready to take on anyone who was mistreating Zambians.
She wondered why Fr Bwalya was arrested when a lot of police officers were in support of the red card campaign.

“On women’s day, we were dressed in red and giving out the red cards to people. Why were we not arrested,” she asked. “The police also received the red cards and if they think I am lying, I can give them the police officers who requested for the red cards for their families.

Why should this government intimidate people, they should go, we don’t want them and we are going to continue flashing the red cards, they should arrest us all if they want.”