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Raphael Nakacinda’s lawyer, Jonas Zimba, has told the Lusaka Magistrates’ Court that it was public knowledge that embattled Miles Sampa has continued to commit atrocities because he had the backing of the Courts.
Zimba made an oral application to Magistrate Keegan Litiya to review his decision to dismiss summons against Sampa and his purported Secretary-General, Morgan Ng’onga, for alleged perjury.
Read more: Court hearing of Sampa’s alleged forgery case stalls, as DPP yet to give consent
At the hearing on Wednesday, Magistrate Litiya said the Director of Public Prosecutions (DPP), Gilbert Phiri, had refused to give consent to privately prosecute the matter against Sampa and Ng’onga because they were already proceedings before the High Court.
“The DPP has not granted me permission to prosecute the accused, the application is hereby dismissed,” he stated.
But Zimba applied that the Court reviews its own decision by staying the proceedings and summoning the DPP to take over the case or enter nolle prosequi.
“It is in public domain that the two are committing atrocities because they have the backing of the Court. The Court being the temporal holder to the keys to justice must review the decision and request the DPP to come before court, take over the matter and make an appropriate application,” he submitted.
In count one, Sampa was in October, this year alleged to have filed an aflidavit at the High Court Principal registry purporting that he was PF president when in fact not, which is Perjury contrary to section 104 of the Penal Code Chapter 87 of the Republican laws.
It is alleged in count two that Sampa committed Perjury when he delivered a letter to the Registrar of Socicties purportedly issued by the Patriotic Front Secretary-General while in count three, he and Ng’onga did attempt to change office bearers at registrar of socicties by presenting a list of the said office bearers when they had no authority to do such a thing, contrary to section 390 of the Penal Code Chapter 87 of the Laws of Zambia.
Lastly, Sampa is charged with forgery contrary to section 347 and of the Penal Code Chapter 87 of the Laws of Zambia.
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