DPP enters nolle prosequi in Chanda, Sakala contempt case
Published On July 6, 2017 » 3226 Views» By Administrator Times » Latest News, Stories
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By DELPHINE ZULU
THE Lusaka Magistrate’s Court has discharged President Edgar Lungu’s Special Assistant for Press and Public Relations Amos Chanda and Daily Nation Newspapers proprietor Richard Sakala of contempt of court charges.This was after the Director of Public Prosecuctions (DPP)s office issued a nolle prosequi in the matter.
And Mr Chanda out-side the court premises said he still did not understand why he was dragged to court because he had not received any summons from the complainants.magistrate
Magistrate Felix Kaoma discharged the duo after the (DPP) Lillian Siyuni issued a notice to enter a nolle prosequi yesterday.
“My hands are tied under the section which the DPP has used to enter this nolle prosequi and I therefore discharge all the three accused persons,” he said.
Magistrate Kaoma said his hands were tied as he had no jurisdiction to question the powers of the DPP or refuse her decision because she had the mandate to do so under Section 81 of the Criminal Procedure Code (CPC) without exception.
In the nolle prosequi the DPP indicated that both counts should discontinue proceedings in accordance to section 81 of the CPC.
“Now this notice is to authorise the entry the record of proceedings against Chanda, Sakala and Daily Nation Newspapers and discontinue the said proceedings by my discretion pursuant to the powers vested in me by section 81 of the CPC, “ She said.
They were alleged to have between May 1st  and June 1 st this year with others unknown while judicial proceedings involving  Hichilema and his co-accused persons were pending, made use of speech and published in writing an article which was contemptuous and prejudicial against the accused which was claimed to have been circulated to lower the authority of the court.
In count two the accused on similar dates and whilst acting together with others unknown did unlawfully publish a defamatory matter in the Daily Nation Newspapers limited of June 1st this year volume 3 issue numbers 1678 with words intent to injure the reputation of the complainants by exposing them to hatred, contempt or ridicule.
Mr Chanda said the only reason why he had to appear  before the courts of law was because he wanted to confirm the social media rumour that he had been summoned and also out of respect for the courts of law.

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