By Esther Chisola
The Lusaka Magistrates’ Court has ordered PF central committee member Chishimba Kambwili’s arresting officer to appear before her today to explain why he has not executed the bench warrant that was issued against social media blogger Chitambala Mwewa commonly known as Simon Mwewa Lane.
Mwewa who is a witness in this matter was supposed to testify against Kambwili who is also a former Roan member of Parliament in a matter he is charged with unlawful assembly.
Earlier, state prosecutor Lewis Loti had informed the court that he called Mwewa to testify before court but he declined that he was not interested.
When the matter came up yesterday for return of bench warrant, Loti told Magistrate Kawama Mwamfuli that Mwewa’s lawyer had indicated that he would bring his client to court but unfortunately, he did not.
“I called the officer who needed to extend the warrant who informed me that when he wanted to go and execute the same warrant, counsel for the witness on the warrant made an undertaking that he was going to bring him today. However, I haven’t seen him. This officer travelled to Solwezi hence his absence today,” he said.
Loti further asked for an adjournment on grounds that the witness who was supposed to testify was not before court.
“We have called the witness who is in Serenje to come and testify, since the accused has been unwell. We were not sure he was ready. We therefore, seek an adjournment to a later date and return of bench warrant for our witness,” he said.
In response, Kambwili’s lawyer Kennedy Mambwe wondered how the police would fail to execute a bench warrant against a witness who went live on Facebook.
“Once the warrant was issued, the duty of the police officer to this court is to simply execute it. It is surprising why a bench warrant against Mr Simom Mwelwa who is a public figure and is live on Facebook every day, the police have failed to execute the bench warrant,” he said. “That is a matter of judicial notice. The state needs to be serious with the issue of the bench warrant which has the capacity to affect proceedings.”
Mambwe did not object to the adjournment application but asked the court to advise the state to ensure they bring witnesses at the next sitting.
“Since the court has set the date as the trial date, it was their duty to provide witnesses, more so that there was a possibility that the accused would attend. We would therefore like the court to advise the state to put its house in order and avail witnesses at the next trial date if the court proceeds to adjourn the matter,” said Mambwe.
In reply, Loti assured the court of executing the warrant against Mwewa.
“We will ensure that at the next sitting we proceed. The witness who is out of Lusaka will be called since the accused is not okay. For the other witness, we will ensure that the warrant is executed so that we proceed with the rest of the witnesses,” said Loti.
However, magistrate Mwanfuli ordered for the arresting officer to explain why the bench warrant was not executed, saying he must explain the same tomorrow.
In this matter, Kambwili was jointly charged with Lusaka businessman Charles Chisanga Kakula for the charge of unlawful assembly and hate speech.
However, Mwamfuli discharged accused number two (A2), Kakula from the matter after the state made an application to the court.
Kambwili who was on October 15, 2024 involved in a road traffic accident which claimed the lives of two of his brothers was supposed to attend court yesterday but failed because he was still unwell.
It is alleged in count one that Kambwili on January 26, 2023, in Lusaka, jointly and whilst acting together with others unknown, unlawfully assembled with intent to commit an offence or breach of peace.
The matter comes up today.
