Lusaka Magistrate Alice Walusiku has directed the State to make a necessary application, objecting to the move to take Lusaka Province UPND chairman Obvious Mwaliteta’s case back for reallocation after the High Court ruled that he should be tried in Kafue.
This is a matter where Mwaliteta and his co-accused James Sichomba are charged with being in possession of offensive weapons.
Particulars of the offence in the matter allege that on March 27, this year, in Kafue District of Lusaka Province, the duo jointly and whilst acting together, had in their possession offensive weapons or materials namely: two improvised machetes, a metal hoe, one wooden pick handle, two stones and a knife, without lawful excuse.
When the matter came up, Monday, State prosecutor Christopher Nyambe made an application to have the matter sent back to the Chief Resident Magistrate for re-allocation so that it could be tried in another jurisdiction.
“Our application is to have the matter tried in another jurisdiction, as there was an application in the High Court to have the matter tried in Lusaka, but the application was not granted. So, the matter should be sent to the Chief Resident Magistrate for reallocation to Kafue where the offence occurred,” Nyambe said.
However, the Court questioned why the matter should be sent to the Chief Resident Magistrate for re-allocation despite the High Court’s recent ruling.
And lawyer for the accused Zevyanji Sinkala said the matter was a proper case to be dealt with in Kafue, arguing that the Court had no jurisdiction because the incident happened in Kafue.
Magistrate Walusiku then adjournment the matter to enable the State make a necessary application.
“Since there is a ruling by the High Court, I am inclined to go with the ruling by the High Court. The State is supposed to tell the Court what it will do and not to send the case to the (CRM) for re-allocation,” said Magistrate Walusiku.
The matter comes up on May 9.