Changala asks court to subpoena Hichilema, others to aid his case
POLITICALLY-charged activist Brebner Changala has asked the Lusaka Magistrates Court to subpoena President Hakainde Hichilema, senior UPND officials, leaders of opposition parties, Academicians, and police officers among others to testify and produce evidence in his seditious case that will prove him innocent.
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Changala said he cannot proceed with his defense without conducting a pre-trial with his intended witnesses, hence the Court should summon them on his behalf so that they can aid his defense.
According to an affidavit in support of summons for an order of Court to subpoena witnesses to testify on behalf of the accused person, Changala said Lusaka Chief resident magistrate Davies Chibwili decided to place him on his defense regardless of the weak evidence presented by the State.
He said that the state clearly failed to present cogent evidence proving that he accused government of sponsoring terrorism.
“All the witnesses who testified on behalf of the prosecution led evidence to the effect that I did not commit sedition,” he said.
“I am ready to call witnesses who have evidence and documents in their possession to come and testify before you to give any evidence.”
He produced a list of names of the people to be subpoenaed and give evidence and produce documents including the full video of his alleged seditious statement.
On the list is the Head of State, his vice Mutale Nalumango, his special assistant for political affairs levy Ngoma, minister of justice Princess Kasune, minister of home affairs and internal security Jack Mwiimbu, the speaker of the National Assembly Nelly Mutti, minister of local government Garry Nkombo and minister of information and media Cornelius Mweetwa.
He also wants human rights commissioner Laura Miti to testify in his case, fugitive Petauke member of parliament Emmanuel Jay Banda, lawyer Sakwiba Sikota, Inspector general of police Graphel Musamba, Presidential legal adviser Christopher Mundia, UPND secretary general Batuke Imenda, UPND Northwestern and Southern province provincial chairmen, Justice M. Musonda (Rtd); mporokoso member of parliament Brian Mundubile, and Lukasha member of parliament George Chisanga.
Others are; police spokesperson Rae Hamoonga, Fingerprint and Foresinc Team, State House chief communications specialist Clayson Hamasaka, Trevor Mwiinde his arresting officer Darlington Moono, Diamond TV chief executive officer Costa Mwansa; UNZA lecturer Dr. O’Brien Kaaba, UNZA lecturer Dr. Felistas Kalunga, Edgar Lungu’s former political advisor Chris Zumani Zimba Constitutional Court president Margaret Munalula, professor Patrick Mvunga, lawyer Jonas Zimba, his colleague Makebi Zulu, Socialist party leader Dr Fred M’membe, Lumezi member of parliament Munir Zulu, FDD leader Edith Nawakwi and preacher Danny Pule.
Changala said his intended witnesses are compellable.
He said the Court should grant him adequate facilities and time to have a pre-trial with his intended witnesses in preparation for his defense.
“The information and documents which these abovementioned witnesses have in their possession are extremely crucial and will prove my innocence in this matter,” he said.
“The evidence to be given by the intended witnesses will help the court arrive at a just decision.”
He said once an accused person demonstrates that material evidence can be given by, or is in the possession of any of the witnesses listed in the affidavit in support of his application, the Court is mandatorily required to issue summons to the intended witnesses.
“The intended witnesses have crucial documents which will help the court arrive at a just decision and the testimony of the same witnesses shall help the accused person prove his innocence,” said Changala.
“This is a proper case in which this Court can exercise its discretion and grant the application as no prejudice shall be occasioned on the State.”
In this case Changala is accused of having incited the public to revolt against government when he alleged that the State was sponsoring terrorism after the disappearance of Jay Jay Banda.
The matter comes up on October 7 for defense.
By Mwaka Ndawa
Kalemba October 2, 2024.
This is utter desperation! He’s at the end of his tether. I think he is Peter Sinkamba’s client.
I actually don’t think he’s a client of, but the one supplying Sinkamba the strange variant of ibange! Notice the strange things coming out of green party recently???
Clearly the man will be found guilty because he does not seem have any defense at all. How do all the people he has mentioned come in when non of them where there when he was a making his careless statement?
To make matters worse, he asks the court to subpoena the president which is not possible because the constitution is very clear on this matter. Article 98(1),(2) says a sitting president cannot sue nor be sued or stand in court while still in office so I don’t know if Mr. Changala has lawyers or not to advise him correctly. It’s like this man just want to talk even on things which don’t make any sense.
Clearly the man will be found guilty because he does not seem have any defense at all. How do all the people he has mentioned come in when non of them where there when he was a making his careless statement?
To make matters worse, he asks the court to subpoena the president which is not possible because the constitution is very clear on this matter. Article 98(1),(2) says a sitting president cannot sue nor be sued or stand in court while still in office so I don’t know if Mr. Changala has lawyers or not to advise him correctly. It’s like this man just want to talk even on things which don’t make any sense..
There’s a procedure to be followed. Changala must start by giving evidence himself. Witnesses will only come to strengthen his defence. That’s the procedure in court.
If this is the legal advice Brebner Changala has received, it is not in his best interest. There’s a procedure in court and it starts with he, Changala, testifying in his own defence. Witnesses will only come to strengthen his witness testimony.
This is very strange indeed.