Maravi

Treason-accused Lois give DPP ultimatum

Treason-accused Lozis give DPP ultimatum
By Namatama Mundia and Roy Habaalu
Thu 03 Feb. 2011, 04:01 CAT

A lawyer representing the 22 Lozis charged with treason yesterday said the defence will apply for their discharge if the Director of Public Prosecution does not commit the case to the High Court in two weeks time.

Lusaka lawyer Dr Rodger Chongwe, who is being assisted by Chad Muleza, Muleya Kashewe and Nellie Mutti raised the concern after the 22 people who are charged with treason for allegedly procuring by force setting up of the Barotse State in the Western Province appeared for mention before principal resident magistrate Aridah Chulu yesterday.

After the matter was adjourned to February 16, 2011 for another mention as instructions from the DPP’s Chambers were being awaited, Dr Chongwe told the court that he wanted to draw to the attention of the DPP that the accused persons have been detained since January 13 charged with treason, an offence which was not bailable.

Dr Chongwe told a packed courtroom that included Alliance for Democracy and Development (ADD) president Charles Milipi, William Harrington, General Malimba Masheke and Dr Sketchley Sacika that the accused were appearing for a second mention.

He said it was therefore urgent and necessary that the DPP issues instructions for trial to commence in the High Court given the non-bailable nature the accused were facing.

“We give notice that if by 16th February, 2011 there is no certificate, we will make an application to the presiding court for the discharge of the accused,” Dr Chongwe said.

But a public prosecutor said the concerns of Dr Chongwe had been heard.

The prosecutor however, said the first time the 22 people appeared in court was for explanation of the charge.

Earlier, the public prosecutor told the court that instructions from the DPP had not yet been received.
And magistrate Chulu said the case was before principal resident magistrate Sharon Newa and that the concerns of the defence had been taken.

“We have to wait for instructions from the DPP. Our hands are tied, we can’t do anything,” she said.
It is alleged that the 22 alleged Barotse activist in Lusaka, Senanga and Mongu districts respectively of the Western Province, being Zambian citizens jointly and whilst acting together with others unknown endeavored or prepared to procure by force setting up of the Barotse State in the Western Province which forms part of Zambia or secession of Western Province of the Republic of Zambia, an independent state, otherwise than by law established.

The state has since entered a nolle prosequi in respect of 92-year-old Maxwell Mututwa.
The case comes up on February 16 for mention.

Labels: BAROTSELAND AGREEMENT, TREASON

posted by MrK @ 4:44 AM