- by Natasha Sakala on 24 Aug 2019by Mukosha Funga on 23 Aug 2019by Julia Malunga on 23 Aug 2019by Julia Malunga on 23 Aug 2019
- by Stuart Lisulo on 23 Aug 2019by Stuart Lisulo on 22 Aug 2019by Ulande Nkomesha on 22 Aug 2019by Ulande Nkomesha on 21 Aug 2019
- by Joseph Mwenda on 23 Aug 2019by Zondiwe Mbewe on 23 Aug 2019by Zondiwe Mbewe on 23 Aug 2019by Zondiwe Mbewe on 23 Aug 2019
- Goal Diggers
- by Abraham Kalito on 23 Aug 2019by Abraham Kalito on 23 Aug 2019by Abraham Kalito on 8 Aug 2019by Abraham Kalito on 8 Aug 2019
- by Diggers Editor on 24 Aug 2019by Diggers Editor on 22 Aug 2019by Diggers Editor on 21 Aug 2019by Diggers Editor on 20 Aug 2019
- Guest Diggers
- by Chisoni Mumba, PhD on 17 Aug 2019by CUTS on 4 Aug 2019by Kangwa Muyunda on 3 Aug 2019by Rueben Lifuka on 31 Jul 2019
- Editor's Choice
- by Diggers Correspondent on 24 May 2019by Diggers Reporter on 4 Mar 2019by Andyford Mayele Banda on 29 Jan 2019by Davies Mwila on 22 Jan 2019
- by Diggers Correspondent on 11 Aug 2019by Mukosha Funga on 27 Jul 2019by Mukosha Funga on 21 Jul 2019by Web Master on 27 Jun 2019
Court acquits News Diggers, editor, reporter in Chanoda caseBy Mukosha Funga on 11 Jun 2019
Lusaka Magistrate Nthandose Chabala has acquitted News Diggers! editor-in-chief Joseph Mwenda and reporter Zondiwe Mbewe, in a matter where PF cadre Chanoda Ngwira had dragged them to court for allegedly defaming Housing and Infrastructure Minister Ronald Chitotela and misrepresenting facts in a court matter.
This was after Ngwira told the court that he had decided to discontinue the case by way of withdrawal.
When the matter came up for possible plea, Tuesday, Chanoda informed the court that he had decided to withdraw the matter “in a spirit of reconciliation”.
“I would like to inform the court that after giving this matter a thought and in a spirit of reconciliation, I have henceforth decided that the matter be discontinued by way of a withdrawal,” said Chanoda.
Chanoda’s lawyer, Daina Kapitolo, also added by making an application to withdraw the matter pursuant to Section 201 of the Criminal Procedure Code, and prayed that the same was granted.
“We wish to make an application to withdraw, pursuant to Section 201 of the Criminal Procedure Code in light of the spirit of reconciliation. We pray that the same be granted,” she said.
In response, former Attorney General Musa Mwenye State Counsel, who was representing the accused persons, said he had no objection to the application but noted that if a withdrawal under section 201 was accepted by the court, it resulted in an acquittal.
“We have no objection. Section 201 of the Criminal Procedure Code permits the application to be made at any time before the final order is made. The withdrawal can be accepted by the court if its convinced that there are sufficient reasons. But we want to emphasise one point, that if a withdrawal under Section 201 is accepted by the court, it results in an acquittal,” said Mwenye.
In her ruling, magistrate Chabala granted the application and acquitted the accused persons.
“After hearing from both counsel and the complainant, I thereby grant the application. In accordance with Section 201 of the Criminal Procedure Code, I therefore acquit the accused persons. You have both been acquitted,” ruled magistrate Chabala.
In this case, Ngwira wanted Mbewe, Mwenda and News Diggers! to be tried and prosecuted for committing a criminal offence through the publication of an article, as first, second and third accused respectively.
According to the indictment, particulars of the offence were that on dates unknown but some time on or around 21st and 23rd of march 2019, Zondiwe Mbewe, Joseph Mwenda and News Diggers did cause to be published an article entitled “China Habour sent $299,985 to Chitotela’s lawyers, $140,000 went to Lungu C – FNB tells court” while proceedings involving the case of The People Vs Ronald Chitotela and four others were going on and active before Honourable Simusamba.
About Mukosha Funga
Mukosha is interested in good governance and anti-corruption reporting.
- Govt’s job is not to defend the corrupt, but prosecute them – Mwenye - 23 Aug 2019
- ConCourt has no powers to hear Bill 10 – Kalaluka - 23 Aug 2019
- Mwenye’s corruption remarks irk PF - 22 Aug 2019
- Zesco announces increased load-shedding - 22 Aug 2019
- Lungu leads 34 member delegation to India - 21 Aug 2019
- Mwenye's corruption remarks irk PF (3,066 views)
- ConCourt has no powers to hear Bill 10 - Kalaluka (2,144 views)
- If austerity measures were working, we wouldn't be having these problems – BoZ (1,876 view)
- Zesco announces increased load-shedding (1,425 view)
- Forget the Damn headline, did you get the message? (1,079 view)
- Indeed, the Speaker is being mischievous on Amendment Bill 10
- LAZ warns Speaker, MPs of contempt over Bill 10
- SA High Court rejects ZCCM’s arbitration appeal with costs
- Govt’s job is not to defend the corrupt, but prosecute them – Mwenye
- TIZ asks Lungu to cancel Forest 27 plots, says ACC must investigate minister for abuse
Subscribe For News In Email
The News Diggers
Deputy News Editor
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend