In this audio, one of Hakainde Hichilema’s lawyers Jack Mwiimbu says the treason case has been dropped in public interest and it cannot be brought back to court.
Mwiimbu clarified that what the DPP had entered was not a nolle prosequi as that could only be entered under section 81 of the Criminal Procedure Code.
“A nolle prosequi is entered under section 81 of the Criminal Procedure Code. This allows the DPP to enter a nolle and later re-arrest, but the position is quite different; the DPP had decided to discontinue the matter pursuant to article 180 sub article 7 of the Constitution of Zambia, which gives the power to the DPP to discontinue any action due to public interest, the integrity if of the judicial system and to prevent abuse of the legal process. It is totally different from a nolle, and that is what she has done,” said Mwiimbu in telephone interview with Chapata’s Feel Free radio station.
“So it means that all the charges have been dropped and they cannot be brought back to court under the Constitution…For now we are satisfied the our clients are out of prison.”
Take a listen: