Why Nixon Chilangwa and Chitotela and Others are not supposed to be in Prison- Amb. Emmanuel Mwamba

Amb. Emmanuel Mwamba Wrote;

Why Nixon Chilangwa and Chitotela and Others are not supposed to be in Prison

…It would seem that the accused were attacked by the villagers in retaliation of their alleged attack on two of their own and the reported harassment….

I came across this Judgment that convicted UPND cadres that hacked two Kawambwa residents and were driving the Mahindra which was burnt by the angry villagers.

The UPND cadres were convicted and jailed but were released on bail-pending appeal.

That matter has never come up for trial in the High Court.

Meanwhile the same facts were presented differently in a matter before Magistrate Martin Namushi.

Kawambwa Magistrate Martin Namushi convicted Nickson Chilangwa and Ronald Chitotela, but only sentenced Chilangwa. He committed Chitotela to the High Court for sentencing because the offense of arson carries a minimum sentence of 10 years, which is outside a magistrate’s jurisdiction.

What happened that day?

The UPND cadres were prosecuted and convicted in 2022,August for the assault.

Luapula Province youth chairperson Nelson Kalembwe and four others were jailed for 2 years for an incident that happened on election day.

Particulars of the offence was that Nelson Kalembwe, John Lukwesa, Sunday
Chola, Ivyn Mutono and Thomas Chafye on the 12th day of August, 2021 at
Kawambwa in the Kawambwa District of the Luapula Province of the Republic of
Zambia jointly and whilst acting together did assault Evans Mulenga thereby
occasioning actual bodily harm

In the second count particulars allege that Nelson Kalembwe, John Lukwesa,
Sunday Chola, Ivyn Mutono and Thomas Chafye, on the 12th August, 2021 at
Kawambwa in the Kawambwa District of the Luapula Province of the Republic of
Zambia jointly and whilst acting together did assault Francis Mwenya thereby
occasioning him actual bodily harm.

The truth is,those criminals almost killed 2 villagers on Poll Day..
On their way back,they found that the villagers had set the Mahindra on fire as a reaction to the hacking of their kinsmen by these UPND cardres…

On the elections Day 12th August,2021, 5 UPND cardres beat up two local people in Kawambwa….over 30 km from the Boma….The idea was to instill fear in the voters  identified as PF. The UPND thugs were using the Mahindra in their mischief for transport. In the process,they harassed other motorists who then reported to the police that there were cadres  misbehaving…Police made a follow up and intercepted the Mahindra.

At that point,2 people had been hacked …The PF leaders Kalumba and Chilangwa received the report too and followed up with the police…At the point of interception,the UPND cardres were rounded up those that wanted to run away met villages who had by now organized themselves…The 5 cadres were put in a police cruiser …police then proceeded to pick the victims of the assault under  the hands of the cadres  beyond the point of interception…At that point ,Kalumba and Chilangwa headed back to the Boma… On the way back from picking the assault victims…

The system quickly pushed for their bail pending appeal…That appeal has never been heard to date…

Hon. Ronald Chitotela was never at the scene with his brothers…

Davy Kaniki was the one driving Chilangwa and Kalumba.. They both left the scene before the Mahindra was set ablaze by the irate villagers.

Below were the findings of the Court in the Assault Case:

“It is therefore not possible that PW1 was at the scene were the Mahindra was set on fire as the same was found burning on the way back from picking the assault
victims.”

“The third accused seemed to suggest in cross examination that PW1 pulled him
on the beards at the time of meeting the Police. However, there is evidence that is not challenged that PW1 was picked from Kabanda by Police after the accused had already been apprehended and at that time PW1 had already been beaten.”

“The assertion by A3 is an obvious impossibility and if indeed someone pulled him on the beards then this is a serious case of mistaken identity or simply an attemptnto confuse or mislead the Court.”

“A5, in cross examination, seemed to suggest that PW1 hit him with the Pajero (Chitotela’s vehicle).”

However, the evidence on record shows that the Pajero left in the Kawambwa
direction and the driver actually met Police and told them about the dreaded Mahindra whose occupants were harassing other motorists.”

“There is no report of the Pajero getting back to Kabanda polling station from where Police actually picked the injured PW1. This is again a case of mistaken identity or willful misleading of the Court by the accused that PW1 was at the scene where the Police met the accused person in the Mahindra and in fact he was already beaten
by them” J25-

The accused persons said they were given Medical Report Forms because they had also been beaten but no arrest had been made.

“This is probably because the accused persons do not really know which people beat them up from the mob that attacked them after word went round that they were harassing members of the public and had actually assaulted two of the villagers into unconsciousness.”

“It would seem that the accused were attacked by the villagers in retaliation of
their alleged attack on two of their own and the reported harassment.”

“From the tempo of the defence, the accused wanted to drag this Court into the issue of the Mahindra by linking the complainants to the case that is before another Court.”

“The accused were harassing members of the public and had actually assaulted two of the
villagers into unconsciousness.”

“It would seem that the accused were attacked by the villagers in retaliation of their alleged attack on two of their own and the reported harassment.”

“From the tempo of the defence, the accused wanted to drag this Court into the issue of the Mahindra by linking the complainants to the case that is before a
deferent Court. I refuse to be drawn into another case before another Court.”

“PW4, the officer in charge, told the Court that on the way from picking the victims of the assault, they found the fire and the Mahindra was burning. This evidence
was not challenged inbcross examination.”

However, A1 in defence said that Mr. Chilangwa started the fire before the Police Land cruiser had left. This is an
obvious afterthought and A1 was not being truthful in the quest to run away from the liability.”

“A1 kept mentioning that he did not know the complainants while insinuating that the complainants were part of the many Cadres that attacked them at the vehicle.” J26-

“The complainants told the Court they were attacked at home by the accused and
the Police met the accused coming from the direction of the assault.”

“There was only one UPND vehicle in the area whose occupants were reported to have been harassing people and beat up the two complainants.”

“The question of
mistaken identity does not arise under the circumstances.”

“From the evidence on record 2 accused persons camped in Pambashe and were joined by 3 others on the morning of the Polls.”

“The assertion that they delivered
the vehicle to the UPND Candidate has been disproved.”

“It seems that the intention to harass people was hatched well in advance to cause intimidation.”

“Therefore, the accused executed their common intention through harassing motorists and beating the complainants. In this regard, it is immaterial which specific role the accused played.”