The Fresh Charges Against Hon. Emmanuel JJ Banda are illegal and Unconstitutional
Amb. Emmanuel Mwamba wrote;
Family what is happening to Petauke Central Independent Member of Parliament, Hon. Emmanuel JJ Banda is illegal, unconstitutional and barbaric, and breaches all sense of decency by the State.
Despite his illness, the Police have transported Hon. Banda to Eatsern Province and proceeded to charge him with fresh offences emanating from a tried and tested case of 2016.
First of all, Hon. Banda was a victim of a heinous crime of abduction on 24th May, 2024 and he was later left for dead.
He has named known persons that formed part of his abductors and has proceeded to inform the Police and submitted to court the details of his abduction as contained in his filed affidavit in the Lusaka High court
Further, he has disclosed that he was tortured and later left for dead.
The Police won’t touch that case.
Article 15 of the Republican Constitution prohibits torture and inhuman treatment. [Protection from inhuman treatment]
It states that;
“No person shall be subjected to torture, or to inhuman or degrading punishment or other like treatment”.
Further, the action by the Zambia Police to charge Hon. Banda with offences of attempte murder and aggravated robbery over the same facts that he has been tried by a competent court of law, is legal mischief, abuse of the law and court.process and unconstitutional.
Article 18( 5) of the Republican Constitution states that;
“No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, except upon the order of a superior court in the
course of appeal or review proceedings relating to the conviction or acquittal.”
We must speak against this injustice. We must call on President Hakainde Hichilema to stop abusing the law and respect the Constitution.
Zambia is a Democracy and the Rule of Law is cardinal to its practice. We must never allow the abuse of the law and the lawlessness as displayed with impunity by the Zambia Police in this case and others.
You can contest the illegality you are alluding to in court. Meanwhile aza kambila kusogolo.
Mulandu siola …, the aggrevated robbery charges were never tried because he was protected …
Mr. Mwamba, leave it to the courts to decide the legality or otherwise of Mr. Banda’s cases. Mr. Sukwa, the victim in one of the cases is on record pleading for justice.
We all know that Mr. Banda was treated with velvet gloves because he was untouchable under PF. The offences he commited should have seen him put away in prison for long time, but because of his powerful connections, he was charged with lesser offences and let off. Is this justice ba Mwamba?
Homo Emmanuel Mwamba comments on any thing and everything sounding out his ignorance.
Fella was dis Ambassadored he is in pain as he has no access to all those dollar in Ethiopia. That reminds me, during chiluba your boy friend you aimed to eliminate great Mwanawasa and made him go through so much suffering. Zambia is not yours. Idiot
Chikala
Since Mr. Mwamba believes that the charges against JJ are illegal and unconstitutional, the best he can do is to represent JJ in court.
This is the guy who walked into a police station, assaulted police officers on duty, took their money and treated them like dirt just because he belonged to the mighty PF then and was untouchable above the law. This is the guy who abducted a journalist, threatened him and urinated in his mouth just because the journalist was exposing the truth instead of writing favorable lies in favor of mighty PF. He could do that with impunity knowing fully well nothing could happen to him as he was above the law. Yet here we are. Now the same law has caught up with him and he is claiming to be unfairly treated. This is called KARMA. What goes around comes around. He deserves all the punishment he gets and no sympathy whatsoever.
But why is he always fainting whenever he sees the Police cells? Can Doctors please tell us if there is such a condition.
Aikona man, not those kangaroo courts.