Sean Tembo discharged by nolle prosequi
DIRECTOR of Public Prosecutions (DPP), Gilbert Phiri, has entered a nolle prosequi in a case involving former Patriots for Economic Progress (PeP) leader Sean Tembo, who was charged with using insulting language against President Hakainde Hichilema.
The State moved to discontinue the matter before High Court Judge Davies Chibwili, sitting as Lusaka Chief Resident Magistrate, could deliver his scheduled ruling on whether Tembo had a case to answer.
State prosecutor Michael Nundwe informed the court that the Office of the DPP had filed a formal notice to discontinue the proceedings pursuant to Section 81 of the Criminal Procedure Code
Upon reviewing the submission, Judge Chibwili admitted the nolle prosequi and discharged Tembo, informing him that he was free to go home.
However, the court stated that the discharge does not constitute an acquittal, noting that the DPP retains the legal authority to re-institute the charges at any time.
A nolle prosequi is a formal notice of abandonment by the prosecution in a criminal case. Since it is not an acquittal on the merits of the case, the accused remains liable to re-arrest and prosecution on the same charges if the State elects to reopen the matter.
In the first count, Tembo was alleged to have used insulting language against President Hichilema in Lusaka on August 27, 2023. The second count alleged a similar offense committed on October 17, 2023.
/ZAMBIA DAILY MAIL