LUSAKA LAWYER SLAMS UPND OVER COMPENSATING THOSE SITTING ON NOLLE PROSEQUI
…describes the abrogation of the law as daylight robbery
Lusaka, Thursday, October 12, 2023 ( Smart Eagles)
Patriotic Front (PF) member Celestine Mambula Mukandila has fumed at the ruling United Party for National Development (UPND) for allowing those inclined to the party to get state compensation while on nolle prosequi.
Mukandila, a Lawyer and Good Governance Activist based in Lusaka said when he featured on 5FM’s Burning Issues, “a person can only claim compensation if they have been acquitted.”
He explained that a nolle prosequi is NOT an acquittal.
This comes amid several cases that the country has witnessed where those inclined to the party have been getting compensations despite them being freed on nolle.
And the Mr Mukandila said the UPND government is keen on abrogating the law.
“The current government in its current form is keen on abrogating the law day in day out. The provisions of the criminal procedure code on nolle indicate that a nolle is not an acquittal. A nolle is a mere discharge and the law has provided that you can be rearrested at any time,” he said.
“Now, where you are just discharged, the question is what would warrant you to sue government for compensation? And we are guided by many precedents, the case is not closed. Because today government can just wake up and say ah mumangeni uyu, kuliko evidence ya new.”
He wondered if every single politician sitting on nolle could be compensated if they applied for it.
“Statistically speaking, 84.3% of politicians are seated on nolles. Now, are we telling the Zambian people that Chilufya Tayali who is today seated on the nolle can go to court, apply for compensation?” he asked.
“Are we telling the Zambian people that today mama Mumbi Phiri can go to court and seek for compensation against government? Are we telling the Zambian people today that GBM should go to court and seek compensation…? Are we telling the Zambian people that all these politicians we see, Kang’ombe in Sesheke, can go to court and seek compensation? Because he is sitted on a nolle.”
Mr Mukandila described the abrogation of the law in question as daylight robbery from public coffers.
“You know, these are the things we talk about, Constitutional abrogation, daylight robbery…this is daylight robbery, this is theft of the highest order using institutions of government. We are using institutions of government to steal from the Zambian people,” he said.
“Ma K5 million yamene bazilipila ayo, by now we would have used the same money to buy medicines in hospitals. Ma K5 million yamene bazilipila we would have put up a subsidy on fuel. Fuel would have started going down.”