5 January 2013

Zambia: Nevers' Case Adjourned, Police Bond Extended

MMD president Nevers Mumba yesterday appeared in a Kitwe magistrate's court on a charge of conduct likely to cause breach of the peace.

Mumba, 52, of 17C Middle Way, Kabulonga, in Lusaka appeared before Senior Resident Magistrate Daniel Musonda.

He is alleged to have conducted himself in a manner likely to cause breach of the peace in Kitwe on December 24 last year.

He, however, could not take plea after his lawyer Makebi Zulu asked for an adjournment to enable him to file a preliminary application before court.

Mr Zulu said he wished to raise a motion pursuant to section 274 of the Criminal Procedure Code (CPC) which requires that a written statement be filed in court.

He said the State had not availed the defence with a charge sheet.

But Division prosecutions officer Gabriel Chipalo objected to the application for an adjournment.

He stated that section 134 and 137 of the CPC states that if there were no defects on the charge sheet, then it should be sustained and plea taken.

Mr Chipalo said the defence should clearly state the defects which were contrary to section 134 and 137 of the CPC which would make the charge duplicity.

In response, Mr Zulu said the State was responding to the main issues that the defence intended to raise.

He noted that it was premature to state that there were no defects on the charge sheet.

The court allowed the application and adjourned the matter to January 28 for a preliminary application and Mumba's police bond was extended.

Outside the court, quick action by police officers restrained party cadres from clashing.

Some suspected Patriotic Front cadres allegedly wanted to beat Dr Mumba for allegedly issuing negative statements against their party leadership.

And Dr Mumba said he would continue speaking for the voiceless and accused the Government of trying to intimidate opposition leaders.

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