LUSAKA Chief Resident Magistrate Lameck Mwale has asked the lawyer, who was representing late Republican Progressive Party (RPP) leader James Lukuku, to produce the death certificate at the next court sitting in a case he was charged with expressing hatred or contempt against Chinese nationals due to their race.

This is for the purpose of the Court’s record in order to discontinue the matter.

Lukuku was in February, this year, found with a case to answer in the charge of expressing or showing ridicule or contempt for persons because of race.

He, however, passed away on October 31, this year.

When the matter came up on Wednesday for continued defence, Lukuku’s lawyer Mulambo Haimbe informed the Court that the accused had died, and, therefore, sought the Court’s guidance.

Magistrate Mwale then ordered the defence to produce the death certificate for the purpose of the Court’s record at the next sitting.

He adjourned the matter to December 8, 2020, for production of the death certificate.

In this matter, Lukuku was alleged to have uttered words and published writings, expressing and showing hatred for Chinese nationals because of their race and place of origin when he allegedly issued a statement in which he called for people to protest against Chinese influence in Zambia.

In the last sitting, Zambia Police Spokesperson Esther Mwaata Katongo testified that on September 5, 2018, she was working in her office when she received phone calls from some media houses, who queried over Lukuku’s arrest.

Katongo said as per standard practice, she called officers on the ground to find out what had transpired.

She said she was informed that Lukuku had staged a lone protest and that police had arrested and taken him to Woodlands Police Station.

In his defence, Lukuku had denied publishing racial statements against Chinese nationals, saying he had no hatred for humanity whatsoever.

He told the Court that in 2018, there was a lot of information circulating relating to dealings between the Zambian government and China where there was a general feeling that a lot of parastatal companies were being mortgaged for the benefit of Chinese companies.

Lukuku said the parastatal companies, which were allegedly listed to be mortgaged included; ZNBC, Kenneth Kaunda International Airport (KKIA) and Zesco.

“As a political leader, I took a responsibility of speaking for my country and speaking as a voice of the voiceless,” he said.

Lukuku said on September 5, 2018, he undertook a lone protest against China as a Republic and not against Chinese people.

He said during his lone protest, he carried a placard written: ‘China equals Hitler’ and started moving from Kabulonga and ended up close to the Hilltop Hospital in Ibex Hill.

Lukuku, however, said he was later intercepted by police, who asked him to accompany them to Woodlands Police Station, saying his activity was likely to disturb public peace.

He said in November, 2018, he was arrested and charged in relation to publishing racial statements against Chinese.

Meanwhile, the Lusaka Magistrates’ Court has acquitted Home Based Hardware proprietor Yousuf Badat, who was accused of assaulting 78-year-old Delphine Kapijimpanga, the mother-in-law to Zambia’s High Commissioner to India, Judith Kapijimpanga.

In this matter, it was alleged in count one that Badat between April 1 and April 30, 2020, with intent to annoy or insult, entered the premises of Delphine Kapijimpanga in Roma Township without her consent.

In count two, it was alleged that on the same dates, Badat assaulted Kapijimpanga and occasioned her Actual Bodily Harm (ABH).

He had pleaded not guilty.

But in a ruling on a case to answer, Magistrate Jennifer Bwalya said the prosecution did not prove that Badat assaulted the complainant and occasioned her ABH.

She added that neither did they prove that he trespassed on her premises.

Magistrate Bwalya found that the prosecution had not proven the case of criminal trespass and assault beyond reasonable doubt, and accordingly acquitted the accused.