Kawambwa lawmaker, Chilangwa, protests bench warrant by Magistrate Court

Kawambwa Central Member of Parliament, Nickson Chilangwa, has filed a petition in the Lusaka High Court, describing the issued bench warrant by the Kawambwa Magistrate Court as a violation of his right to a fair trial.

Chilangwa, who is also acting Secretary General of the opposition Patriotic Front, submitted that the decision by Magistrate Martin Namushi to issue a bench warrant against him jeopardized his presumption of innocence.

On May 24, 2023, Magistrate Namushi issued a bench warrant against the petitioner for failure to attend sessions.

This is in a matter in which Chilangwa, Ronald Chitotela (Pambeshe MP) and five others are charged for arson, threatening violence, malicious damage to property and four counts of assault in 2021. The seven were arrested in November,2022.

The other accused persons are Kawambwa Council Chairperson, Kalumba Chifumbe, Kunda Chitotela, Chabu Chitotela, Davy Kaniki and Chibwe Musantu, all members of PF.

According to a petition filed on Monday, Chilangwa claimed that his failure to attend trial on May 24, 2023, was because he was appearing in a contempt matter before the High Court in Lusaka.

“That when the matter came up for hearing on May 24,2023, it was brought to the attention of the Magistrate viva voice and through an affidavit filed which was before court and the same were accordingly acknowledged by the court that the petitioner was appearing in a contempt matter before the High Court in Lusaka,” he said.

Chilangwa said he was surprised that the Magistrate proceeded to issue the bench warrant which was returnable on May 26, 2023.

“His rights to a fair trial as protected under article 18(1) of the Constitution has-been violated by the decision of the Magistrate to issue a warrant to arrest despite the petitioner giving reasons for his absence that the action of the Magistrate jeopardizes the petitioner’s presumption of innocence,” he contended.

The petitioner seeks a declaration that the said decision violated the right to a fair trial of the petitioner and he also claimed damages for breach of his right.

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