Magistrate orders trial within trial in witchcraft case against president
LUSAKA Magistrate Fines Mayambu has ordered a trial within a trial to determine the voluntariness of confessions made by two traditional doctors accused of plotting to harm President Hakainde Hichilema through witchcraft.
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A trial within a trial is like a mini-trial that happens before the main trial for the purpose of deciding whether the confession given is reliable.
During this mini-trial, the judge will listen to evidence about how the confession was obtained and If the judge decides the confession was given voluntarily, it can be used in the main trial.
However if the judge decides it was forced or unreliable, it will be thrown out and not used as evidence
The order of a trial within a trial follows an objection by defense lawyer Agrippa Malando of the Legal Aid Board to State witness detective chief inspector Teddy Bumelo’s testimony.
Bumelo had stated that the accused confessed during an interview to intending to harm a person named Hichilema.
The accused, Leonard Phiri, 43, a witch doctor from Sinda, Eastern Province, and Jasten Mabulesse Candunde, 42, from Maravia, Mozambique, face charges of professing knowledge of witchcraft and possessing charms under Sections 5 and 11(2) of the Witchcraft Act Chapter 90 of the Zambian laws.
The State alleges that the men possessed various charms, including a live chameleon, and engaged in supernatural practices with the intent to harm the President.
Further allegations indicate they were hired by Emmanuel Jay Jay Banda through his brother, Nelson Banda.
Meanwhile, Boniface Changwe, a programme officer at the Traditional Health Practitioners Association of Zambia (THAPAZ), testified that the accused are not registered members of the association.
He stated that documents found in their possession were not issued by THAPAZ, lacking the organisation’s signature, watermark, and proper format.
Changwe described other items found as “terrifying,” including bottles containing powder and water, a red and white cloth, a snail shell, and an animal tail.
He testified that he was summoned to Police Force Headquarters on November 30, 2024, to examine the items.
“The officers gave us documents that looked like a THAPAZ document, and it looked like it wasn’t for the organisation. The document didn’t bear the signature of the organisation and never had a watermark, and there were not three copies as required. This is what made me realise they were not our documents and they were different,” Changwe stated.
He further explained that the animal tail is used to invoke spirits and is commonly used by THAPAZ members as a tool to identify appropriate medicine.
“The cloth is used for many things, some are spread down to invoke spirits. The traditional healer or traditional doctors can chant some words and things will happen as they say,” he said.
Under cross-examination, Changwe confirmed the animal tail was not inherently harmful and denied seeing similar bottles containing alleged charms sold at Lusaka’s Soweto Market.
The trial continues today.
By Lucy Phiri
Kalemba, March 20, 2025.