Incarcerated United Party For National Development Leader Hakainde Hichilema has been Allowed to Seek Judicial Review in the High Court in a Matter Where he is Charged with Treason.
The Matter will come on June 12, 2017 in the Lusaka High Court.
Lusaka Principal Magistrate David Simusamba’s Decision came on the Basis that he could not Ascertain Whether the Certificate of Committal for Mr Hichilema to be Tried in the High Court was Properly issued by the National Prosecutions Authority Considering that it was not Signed by the Substantive Director of Public Prosecutions.
Magistrate Simusamba has Thrown Out the Defence Request in which they Applied for Constitutional Matters to be Determined by the Court.
Delivering his Ruling, Magistrate Simusamba Ruled that this was the Exclusive Preserve of the High Court regarding the Committal Certificate.
Magistrate Simusamba Ruled that in the past, a Certificate Signed by another Person other than the Director of Public Prosecutions but Signed in His/Her Name was Accepted and the Practice was Established.
Magistrate Simusamba said the Magistrate Court had no Jurisdiction to Comment on the Validity of the Certificate.
He explained that the Duty of the Court was to Refer to the High Court once Instructions were Issued by the Director of Public Prosecutions.
And Mr Hichilema has commented on his Treason Case and has also commended South Africa’s Democratic Alliance Leader Mmusi Maimane for the Solidarity despite being Denied Entry into the Country.
Mr Hichilema and his Five Co-accused Persons still remain in Custody.
MAY 26, 2017