No end to Nakacinda woes, case drags on
By Charles Musonda
THE adjournment-prone case in which jailed Patriotic Front (PF) secretary general Raphael Nakacinda is facing seditious practices in a Lusaka magistrates court failed to take place again yesterday.
This was after newly appointed High Court judge Davis Chibwili, sitting as chief resident magistrate, was informed that the prosecuting officer was not before the court as he was unwell.
Nakacinda, who is on a hunger strike to protest alleged ill-treatment by authorities at the prison where he is serving his sentence in Lusaka, has been found with a case to answer and put on his defence for seditious practices.
It is alleged that between September 26 and 27, 2024 in Lusaka, Nakacinda, using Kanele 97.7 FM Facebook page, uttered seditious words that President Hakainde Hichilema had directed the Drug Enforcement Commission (DEC), the Anti- Corruption Commission (ACC) and the Zambia Police Service to raid and search former President late Edgar Lungu’s house with a view to divert attention on the eligibility case in the Constitutional Court to incite resistance, either active or passive, or disobedience to any law or the administration thereof.
Defence lawyer Malusa Chongola informed Chibwili that Nakacinda might not be able to prepare for his defence in the criminal cases he is facing because of the issues he wanted to raise.
Chongola explained that there was nothing foreign with the procedure he wanted to use in court, where Nakacinda first gave facts before his lawyer could touch on the law.
“It’s a trite law that counsel cannot give evidence at the bar. I can speak to the law, but I can’t speak to the facts. The issue I want to raise borders on the rights of an accused person. The accused may not prepare for his defence in this case going forward and in any other matters,” he said.
Chongola said this when responding to stand-in public prosecutor Alex Yanganani who said the State had challenged to understand the kind of application the defence wanted to make.
“The procedure counsel wishes to make is quite strange. He may go straight to the application or can apply when the State advocate having conduct of this matter is before the court,” Yanganani said.
In his ruling, Chibwili said the application by the defence was unusual.
He said if the defence made the application, the State was required to respond through the person prosecuting the case, who was said to be indisposed.
After consultation with Nakacinda, Chongola informed the court that the defence would file a formal application before the court by attaching an affidavit stating the facts.
Before adjourning the case to June 2, 2026, Chibwili said he expected the defence to file the application by Tuesday next week, and the State to respond by Friday the same week.
He set June 2 for oral arguments.
