Roan PF Member of Parliament Chishimba Kambwili has appeared before the Luanshya Magistrate Court charged with one count of unlawful assembly contrary to section 74 of the penal code.

And Kambwili together with the 11 other Co-accused have been granted K30,000 bail in their own recognition.

It is alleged that Kambwili and the 11 on November 25 in Luanshya jointly and whilst acting together did conduct to cause persons in the neighborhood fear to cause a breach of peace.

When the matter came up for plea, Kambwili, 50, of Luanshya denied the charge while the second of the 11 accused persons pleaded guilty.

This however, forced presiding Ndola Principal Resident Magistrate Oblister Musukwa to stand down the matter before meeting the defense lawyers and prosecutors in chambers.

Kambwili is represented by five lawyers who include Keith Mweemba, Gilbert Phiri, Christopher Mundia, Caristo Mukonka and Zyenyanji Sinkala.

When the matter resumed, the second accused changed plea saying he did not understand the charge when read to him at first.

Magistrate Musukwa then entered a plea of not guilty in respect of all the accused persons.

And Lawyer Christopher Mundia applied for bail pending trial.

“In respect of all the accused, we have an application to make. And the application before the court is one of bail pending trial and the application is achored in the provision of section 123 of CPC of the laws of zambia,” he said.

“The accused are all of fixed abode as indicated on the indictment and stated before the court. The accused before you undertake to abide by the conditions this honorable court will pose, to secure attendance. The accused is not a flight risk and it is our prayer that they be granted this application as it will not prejudice the interest of the state, as the are willing to provide surities, if the court dems it fit and proper.”

And Sinkala reminded the court on section 126 of the CPC with regards to bail conditions.

“Take judicial notice of article 18 (2) (b) of the Constitution of Zambia with regards to the innocence of all the accused persons. Second we wish to invite you to take judicial notice of the provisions of section 126 (1) of CPC with regards to bail conditions, that the same should not be excessive as to deny the accused persons in a way bail. We know that bail is discretional, at the same time, we are alive to the fact that the same should not just be in judicial but judiciously,” Sinkala stated.

State prosecutor Jiros Daka said there was no objection to the application in respect to the 12 accused persons.

“We have taken note of the application and we do not object to the application to all the 12 accused persons,” Daka said.

Magistrate Musukwa then granted a K30,000 bail to the accused in their own recognisance with two working surities within Luanshya or working in government departments.

Magistrate Musukwa then adjourned the matter to 11, 12 and 13 of February 2019 for possible commencement of trial, while reserving 14 December 2018 for mention.