By Mwaka Ndawa
PRESIDENT Edgar Lungu’s ‘backbone’ Innocent Kalimanshi has been hindered from participating in Thursday’s general election, as the Lusaka Magistrates’ Court has declined to try him on drug related charges using a repealed law.
Magistrate Stanford Ngobola could not try Kalimanshi who was taken to court around 16:00 hours on Monday for possessing cannabis under the new Act.
The narcotic drugs and psychotropic substances Act No.35 of 2021 has stiffened the law on drug trafficking and possession of psychotropic substances.
The Act has been repealed and the next minister of home affairs is yet to sign the Statutory Instrument which indicates the quantity of drugs that will substantiate the charge of possessing psychotropic substances, which now attracts a minimum sentence of one year.
The implication of allowing Kalimanshi and his co-accused to take plea under the said charge was that they would have been released on bail pending trial.
Kalimanshi is facing charges of possessing psychotropic substances, and using a mother vehicle to commit an offence under the Narcotic drugs Act.
His co-accused are charged with possessing psychotropic substances and possessing offensive weapons.
Allegations in the first count are that Titus Phiri, Nkandu Mundubi, Andrew Monde, Melvin Sichinga and Emmanuel Mwape on July 23, 2021 had in their possession 95.3 grams of cannabis, a product of cannabis sativa without lawful authority.
In the second count, Monde allegedly possessed 36.0 grams of cannabis.
In the third count, Kalimanshi on July 23, 2021 allegedly possessed 2.0 grams and unlawfully used a motor vehicle, an unregistered Nissan Fairlady for purpose of committing an offence under the Narcotic drug and psychotropic substances Act No.35 of 2021.
It is alleged in count five that Lameck Tembo, Ammon Simwanza, Keron Mwewa, Amon Banda, Lackson Phiri, Chola Chishimba, Moses Mwaba, Steven Ndawa, Matthew Phiri, Saidi Mumba, Mtendere Mwanza, Musonda Bwalya, Alick Daka, Steven Simpala, Peter Nkhoma, Peter Ngoma, Oscar Chinga, Musa Chanda, Given Kokwa, Simon Mkandawire Aaron Mumba, Emmanuel Mwape and Patrick Mulenga on July 23, 2021 possessed 19 axe handles and five machetes without lawful authority.
Before the accused could take plea, magistrate Ngobola wondered why Kalimanshi’s co-accused were not charged with trafficking due to the quantity of drugs.
Magistrate Ngobola asked the State why the accused were charged with possessing psychotropic substances because the stipulated quantity of drugs under the that charge was 0.3 grams.
State advocate Sipholiano Phiri told the court that the Statutory Instrument under the Act which stated the amount of drugs to support the charge of possessing psychotropic substances had not yet been signed by the Ministry of Home Affairs as parliament was dissolved prior to the elections.
The accused’s lawyer Osborne Ngoma subscribed to the explanation by Phiri.
Magistrate Ngobolo said since the Statutory Instrument had not been signed, the accused ought to be tried under Statutory Instrument No.119 of 1995 which was still in force.
He reserved ruling for Monday, August 16 on whether or not he will try the accused persons under the repealed law or whether the charges should be amended.
Kalimanshi, who is the commander of a rebellious group of PF youths known as ‘Americans’, was apprehended by the Drug Enforcement Commission together with his ‘troops’ following a raid at their illegal barrack.
This followed reports by members of the public that the delinquent group had engaged in illicit drug activities, and was terrorising Chawama compound and mounting illegal road blocks.