HON CHILANGWA DENIED BAIL
…. as the Kawambwa Subordinate Court declines to give him bail saying he breached the conditions of the police bond
Kawambwa… Tuesday July 18, 2023 (SMART EAGLES)
The Kawambwa Subordinate Court has declined to give Kawambwa Central PF Member of Parliament Hon Nickson Chilangwa bail saying he breached the police bond conditions.
The Kawambwa Central lawmaker has since remained in custody at Kawambwa Correctional Facility.
Sitting in the Kawambwa Subordinate Court this afternoon, Magistrate Martin Namushi since adjourned the matter to tomorrow 19th July, 2023 for commencement of defense.
When the matter came up for the state to respond to an application made by the defense to review the court’s decision to revoke Hon Chilangwa’s police bond, Magistrate Namushi declined to review the decision saying the court has Authority to cancel a police bond if it’s breached.
It was at this point that the defense lawyer Jonas Zimba applied that his client be granted bail saying the offense he is charged with is bailable.
“The offenses which the accused person is charged with are bailable and do not fall within offenses set out in the schedule of section 11 of the Criminal procedure court. This court has power to grant bail to persons that are facing bailable offenses. This court can also take judicial notice of the fact that the second accused presented himself to the police station in the face of the bench warrant and there is no officer that has put any evidence on record that they either went to his home or apprehended him from any market place or hiding,” submitted Counsel Zimba.
“As the court considers whether to grant bail or not, may the court note that the second accused (Hon Chilangwa) is an elected Member of Parliament for the people of Kawambwa Central. And in the scheme of things Zambia employs a system of a representative democracy. He is an elected representative of the people of Kawambwa. I urge this court to consider tempering justice with mercy and allow that the people of Kawambwa Central should not suffer the luck of representation even as the legislative arm of this country perform it’s function. May the court also consider that every person deserves a second chance in life and the accused person is not exception. I humbly pray that may the court admit the accused person to bail.”
Earlier, State Advocate Wilson Mwale submitted before the court that the state wishes to summon witnesses who can testify that the accused person should not be granted bail.
“Your honor, in responding to the application made by the defense for bail, I intend to call evidence summoning witnesses who support the stance,” he informed the court.
He said in that case, they will need time to summon the said witnesses.
However, Magistrate Namushi declined the state’s submission to summon the witnesses.
In this case, Pambashe Member of Parliament Hon Ronald Kaoma Chitotela and his Kawambwa Central counterpart Hon Chilangwa and five others have been charged with one count of arson, threatening violence, malicious damage to property and four counts of assault.
Other people accused in this case are Kawambwa Mayor Chifumbe Kalumba, Kunda Chitotela, Chabu Chitotela, Davy Kaniki and Charity Chibwe Musanto.
It is alleged that on August 12, 2021, the two lawmakers and five others while acting together assaulted four UPND members, damaged the windscreen of the Mahindra Bolero motor vehicle valued at K400, 000 before allegedly setting it ablaze and further threatened violence.
The accused persons are being represented by Counsels Benjamin Mwelwa, Jonas Zimba, Boniface Chiwala and Kampamba Kombe.
State Advocates include Mwala Museta and Wilson Mwale.
Meanwhile, there was commotion outside the courtroom after the adjournment as some Kawambwa residents became emotional after seeing the Kawambwa Central lawmaker being ushered to holding cell before being taken to Kawambwa Correctional Facility.