Sureties pay fine for Mwamba’s continuous court ghosting
PATRIOTIC Front (PF) Councillors Boniface Chibeka and Boniface Chipasha have coughed up K10,000 after they were detained at the Lusaka Magistrate Court police post for failing, as sureties to produce Emmanuel Mwamba, before the court.
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Magistrate Amy Masoja fined the duo for not fulfilling their pledge to present Mwamba to the court yesterday.
The sureties paid the fines and were subsequently released.
Chibeka and Chipasha serve as sureties in the case where Mwamba, a PF faction leader faces a charge of disorderly conduct at a police station, contrary to Section 60 (1) of the Zambia Police Act, Chapter 107 of the Laws of Zambia.
Mwamba, 52, of Plot 136A Chandwe Musonda Road Villa, is jointly charged with Jacqueline Chopa, 49, a businesswoman, Gideon Tolopa, 42, of Kamwala, and Gift Kachingwe, 32, both businessmen.
It is alleged that on February 27, 2023, in Lusaka, Mwamba, Chopa, Tolopa, and Kachingwe conducted themselves in a disorderly manner at Kabwata Police Station.
When the matter came up for the return of a bench warrant for Mwamba, State Prosecutor Brian Siayengo informed the court that the warrant had not been executed.
The court demanded an explanation from the sureties regarding Mwamba’s absence, even after being warned.
Chibeka, one of the sureties, explained that he was still in the United States of America and was unsure when he would be in Zambia.
He said he had communicated with Mwamba on March 4, 2025, and Mwamba had assured him that he would be in the country soon.
The court questioned why Chibeka could not present a printout of the conversation as proof. Chibeka responded that there was no power at his location to print out the document.
Chipasha, the other surety, stated that if he had the means, he would follow Mwamba to America, but he lacked the finances.
“I am surety for the accused number one, and I confirm he was supposed to be here. I made an effort to call him, and he said he would come, but he didn’t specify a date,” Chipasha explained.
“The accused is in a country where I have no authority to bring him back.”
When the court asked the sureties what steps they had taken to produce Mwamba, Chibeka mentioned a WhatsApp message.
However, Magistrate Masoja was not satisfied with the explanation.
“I don’t want explanations; I want proof that you’ve made an effort to bring the accused before court. Your explanation is not sufficient,” the magistrate stated.
Magistrate Masoja said the sureties had failed to comply with their obligations.
“It is clear indication that they have not complied their obligation and fail to give the court satisfying response. Sureties to forfeit the amount and the matter has been adjourned to March 24, 2025 for continued trial for the remaining accused persons,” said the magistrate.
By Lucy Phiri
Kalemba, March 6, 2025