Mpundu demands delivery of ‘short-circuited’
Mumbi Phiri judgement
By Ernest Chanda
EMERITUS Archbishop Telesphore Mpundu has demanded that the judiciary be allowed to deliver judgment in the murder case involving former PF deputy secretary general Mumbi Phiri.
And activist Brebner Changala says Zambians are not going to allow interference in judicial operations.
The State has entered a nolle prosequi in a case where Mumbi and Shebby Chilekwa were charged with the murder of UPND member Lawrence Banda.
It is alleged that on October 6, 2019, Phiri and Chilekwa in Kaoma district in Western Province, whilst acting together, murdered Banda.
At the end of trial, the duo was found with a case to answer and put on their defence.
And after Phiri and Chilekwa completed their defence, judgment was scheduled for April 5, 2023.
But when the matter came up yesterday, Senior State Advocate Kayoka Sifali entered a nolle prosequi in Phiri’s case.
“WHEREAS, SHEBBY CHILEKWA CHISANGA AND JOSEPHINE MUMBI PHIRI stand charged with the offence of murder contrary to section 200 of the penal code chapter 87 of the laws of Zambia.
Particulars of offence being that Shebby Chilekwa Chisanga and Josephine Mumbi Phiri on the 6th day of October, 2019 at Kaoma in the Kaoma district of the Western Province of the republic of Zambia jointly and whilst acting together did murder one Lawrence Banda,” reads the nolle in part. “Now therefore, I Kayoka Sifali, Senior State Advocate, on behalf of the Director of Public Prosecutions of the Republic of Zambia, pursuant to the powers vested in me by Sections 81 and 82 of the Criminal Procedure Code do authorise the entry in record of proceedings that proceedings are discontinued against Josephine Mumbi Phiri.”
Reacting to the State’s decision, Archbishop Mpundu called it a criminal act.
“A government that works well has checks and balances, and the judiciary is one of those checks. Now the State has come in to prevent the judiciary from doing what is correct. We demand that that judgment, which the judge has, or had but it was now short-circuited, must be delivered in the name of justice and in the name of true democracy of checks and balances,’’ he said. ‘’We are not amused, we are angry that this thing is being done so blatantly. It is criminal, there’s no other word. How can the government itself start engaging in criminal activities of this magnitude? Two years in jail, and this woman comes out not even knowing that she will not be arrested tomorrow.”
Archbishop Mpundu said it is wrong that the State has committed an injustice in the name of avoiding compensating Phiri.
“And then what about the injustice that has been done because of compensation? The government is trying to run away from compensation. There will never be compensation because tomorrow Mumbi Phiri and her colleague will be rearrested and recharged. No, this is not the way! We’re not amused. The country is angry,” said Archbishop Mpundu.
And Changala demanded that the new dawn administration allows the judiciary to operate independently.
“We demand the undelivered judgment because this is abuse of the court process. Mumbi Phiri and her colleague cannot stay in detention for close to three years, only to be entertained with a nolle on the day of judgment! So, that judgment must be delivered,” said Changala. “And it’s very important, and this is a demand. We are not going to agree or allow this interference in the judiciary by the new dawn administration. They must allow the judiciary to operate independently, freely and professionally.