UPND CADRE CHOLA SIMWABA IS THE ONLY ONE WHO HAD A GUN – WITNESS
…as Court sets 30th March, 2023 as judgement day
By New Dawn Reporter
FORMER Zambia Army officer at Kaoma Barracks, Chola Simwaba was the only one who had a gun on 6th October, 2019 in Kaoma Site and Service.
And the Mongu High Court has set 30th March, 2023 as judgement day in the matter Mumbi Phiri and Shebby Chilekwa is facing one count of murder of UPND cadre Lawrence Banda.
Defence witness, Gift Simangolwa, 28, told the Mongu High Court judge, Charles Zulu that the person who shot at him three times was Chola Simwaba a UPND cadre.
Simangolwa testified that he remembered all that happened on the 6th October 2019, because he was a victim of the shooting.
“In the year 2019, we were in the camp house in town, around 10 to 11 we heard the voice of one of the bosses saying hurry up jump on the vehicle to rescue one of your bosses has been attacked by the UPND cadres. That is how we got into two vehicles, the first one was green and the other one was white. We were told that to be alert where we were going because the group leader of the UPND was Chola. I and my friends knew Chola well because he was a former soldier and moved with a pistol,” he explained.
Simangolwa explained that upon arrival in Kaoma’s Site and Service they heard gun shots.
“We heard a sound of gunshots, so when we got closer Chola himself was coming on a motor bike with a pistol in the hand. He said you PF I am going to finish you up, that is how he fired a gun shot and that time we had already jumped out from the vehicle, when I looked back all my friends had scattered and ran away, the vehicle we used had driven away. He shot me on the leg, he shot me on the right side of my leg, I did not fall down, he started going backwards and started running. When he wanted to fire the other one, I pushed him and that is how he shot me again on my arm and he fell down and he fired while he was down in the air again,” he said.
He explained that Chola stood up and started to ran away again but that he held him on.
“That is how he stood up again and started ranning and I held him, he pointed a gun at me again, and he shot me on my shoulder and the bullet came out from the armpit. I held him on and hit him, the pistol fell down and it separated from the magazine. I pinned him in my wraps, and after that, that is when people who were nearby shouted that hold him that person has killed someone on the other side and that is how he was apprehended,” he said.
Simangolwa said among the people that apprehended Chola were police officers and the community.
He explained that he was later taken to Kaoma DistrictHospital before he was evacuated to Lusaka.
During cross examination, Simangolwa said Chola was the only who had a gun and the same gun that shot and killed UPND cadre Lawrence Banda was the same gun used to shoot at him three times.
He said he was a survivor of gunshooting in Kaoma but that he has not seen justice as Chola had been released.
“I have a complaint to make, I was shot at by Chola and he was the only one who had a gun in kaoma on that day. I head that he was at court but was later released. I don’t know the circumstances that led to his release as I was not called or appeared at any court that released him,” complained Simangolwa.
And the Mongu High Court Judge, Charles Zulu has set 30th March, 2023 as date for judgement.
Judge Zulu directed that the State makes submissions on the 16th December 2022, while the Defence makes theirs on the 22nd December 2022 and the State replies on the 29th December, 2022, judgement for the 30th March, 2023.
Phiri and Chilekwa remain in Prison as the matter they are facing is none bailable.