Court Rules Out Treason Charge Against HH

The Lusaka Magistrate Court has ruled that the charge slapped on UPND President Hakainde Hichilema does not qualify to stand as treason.
Principal Resident Magistrate Greenwell Malumani says the charge lacks essential elements for it to qualify as treason.
Mr. Malumani says the purported charge is bad and only exists in a vacuum.
Magistrate Malumani says the charge does not disclose what the accused planned to do in trying to over-throw the government.
He has rebuked the State for poorly drafting the case as there is no government of Edgar Lungu in the Constitution but only government of the Republic of Zambia.
Magistrate Malumani has, however, ordered the state to substitute the charge sheet as the power to quash the charge lies in the High Court being a trial court.
The state has since submitted an amended charge which the 17 defense lawyers are scrutinizing.
Mr Hichilema and his aides are accused of attempting to overthrow the government.
Meanwhile, Magistrate Malumani has bailed out Mr Hichilema and his five co-accused after they pleaded not guilty to the charge of disobedience of statutory duty and insulting language.
However, the Magistrate has recused himself from handling the treason case which has since been re-allocated to Principal Resident Magistrate David Simusamba.
Magistrate Simusamba has since read out the treason charge to Mr Hichilema and his co-accused but the matter cannot proceed as it is only triable by the High Court.
The case has been adjourned to Thursday, April 27, 2017.