The Lusaka High Court sitting in Solwezi will on Thursday, 5 November, at 14:00 hours decide whether opposition leaders Brian Mundubile and Makebi Zulu will stand trial for sedition in Solwezi or have their case moved to Lusaka. Judge Edward Musona fixed the ruling date on Tuesday after directing both sides to file written arguments first, according to LusakaTimes.com.
The ruling will not decide guilt or innocence. It settles only where the trial takes place, and therefore how soon the two men can finally take plea, more than two months after the matter first opened in Solwezi in September.
The charges against Mundubile and Zulu
Mr Mundubile was the National Reconciliation Party for Unity and Prosperity (NRPUP) presidential candidate in the 13 August elections, with Mr Zulu as his running mate. Each faces charges of seditious practices under Section 57 of the Penal Code.
The State alleges the two published material through livestreams on their Facebook pages claiming that their parallel voter tabulation showed they had won the presidential election. Earlier court proceedings heard that Mr Zulu is accused of posting that Mr Mundubile would address the nation and urging the public to remain on standby. Neither man has taken plea since the case opened in September.
Why the defence wants the trial moved to Lusaka
The jurisdiction fight began on 5 October, when the defence objected to the case being heard in Solwezi. The lawyers argued that the indictment itself places the alleged offences in Lusaka, where the two were also apprehended. They relied on Section 75 of the Criminal Procedure Code, which requires criminal cases to be tried in the district where the offence was committed.
The defence also told the court that no evidence links the alleged offences to Solwezi, and that holding the trial there would make it harder to reach their witnesses.
Director of Public Prosecutions Gilbert Phiri, who prosecuted the matter personally, countered that where it is uncertain where an offence was committed, proceedings may be brought in any jurisdiction where the matter properly falls.
How the case reached the High Court
On 13 October, Solwezi Principal Resident Magistrate Mambwe Mukonde declined to rule on the question. She found that her court lacked the authority to either try the case or transfer it to another court of equal status, and referred the matter to the High Court for determination. That referral is what brought Judge Musona to Solwezi this week.
National Prosecution Authority Chief State Advocate Chali Hambayi told journalists after Tuesday's proceedings that both parties had been given the chance to argue for and against the application.
As the State we have indicated that we shall file the motions by 12:00 hours today and the defence has also been accorded chance to file their submissions on Wednesday 14:00 hours, the learned High Court will make its ruling on Thursday, 14:00 hours.
Defence lawyer Chifumu Banda, State Counsel, welcomed the timetable, saying a fixed date would bring an end to weeks of uncertainty over where the substantive case will proceed.
This is good because we now know when the pending issue of jurisdiction will finally be determined by the court.
Archbishop Banda's trial delayed by the Solwezi case
The Solwezi case has already disrupted other proceedings in Lusaka. On Tuesday, the trial of Lusaka Archbishop Alick Banda, charged with possessing a Toyota Hilux suspected to have been unlawfully obtained, failed to start before Resident Magistrate Mwandu Nakazwe. Deputy Chief State Advocate Mercy Lungu told the court the prosecution team was in Solwezi on the Mundubile matter.
The notice of hearing in the Solwezi matter was served on the State after dates for this case had already been set.
The defence, led by State Counsel John Sangwa, did not oppose an adjournment, and the Archbishop's case was pushed to Friday.
Europeans observing, Zambians deciding
The sedition charges are separate from the treason proceedings that followed the post-election security operations against the opposition. The European Union Election Observation Mission, in its final report published on Tuesday, noted that the two were arrested and charged with treason and later sedition, and said the prolonged lack of official information about the arrests had heightened public anxiety.
Here is the question every Zambian should be asking: why are our own elections, our own courts, and our own opposition leaders the subject of reports from Brussels? Zambians do not need European observers to tell us what happened in our own country. Our courts are perfectly capable of handling our affairs, and it is Zambian judges, Zambian lawyers, and Zambian prosecutors who are doing the work in Solwezi this week.
FAQ
When will the High Court rule on the sedition trial venue?
Judge Edward Musona will deliver the ruling on Thursday, 5 November, at 14:00 hours in Solwezi.
What are Mundubile and Zulu accused of?
Each faces charges of seditious practices under Section 57 of the Penal Code, over alleged Facebook livestreams claiming their parallel voter tabulation showed they won the 13 August presidential election.
Will Thursday's ruling decide guilt or innocence?
No. It will settle only whether the trial is held in Solwezi or transferred to Lusaka, which determines how soon plea can be taken.