By Esther Chisola
Lusaka magistrate Irene Wishimanga has given opposition Forum for Democracy and Development (FDD) leader Edith Nawakwi and her sureties a benefit of a doubt following their inability to appear before her.
This was after defence lawyer Tresford Chali informed the court that Nawakwi was still unwell and that her sureties were unable to attend court because they had gone to visit their constituencies.
In this matter, Nawakwi is charged with seditious practices contrary to the laws of Zambia.
She pleaded not guilty to the charge but was found with a case to answer and put on her defence after the prosecution’s case at the end of last year.
It is alleged that Nawakwi, on a date unknown but between May 25 and 28, 2024 in Lusaka, uttered seditious words to which she said: “I want to call upon every citizen of this Republic, every Zambian, every person of good will to actually call Hakainde (Hichilema) to account on the abduction of Jay Jay Banda … We are not going to live in a country like that of Idi Amin. We are not going to live in a country like that which we’ve left behind. When you woke up one night you found out that my brother Wezi was murdered. You can’t continue bemoaning everything and getting yourself involved in the disappearance of Zambians.”
When the matter came up for commencement of defence yesterday, Nawakwi’s lawyer informed the court that his client was not before court.
“The sureties, Honourabale MP for Mkushi, Davies Chisopa and Milenge MP Gystave Chonde, went to the constituencies,” he said. “They are on their way from the constituencies. I took it upon myself to check on the accused, she is still very much unwell.”
Magistrate Wishimanga wondered why the sureties had no courtesy of sending representatives.
“I will give the accused and sureties a benefit of doubt. I wish to warn the sureties that their obligation is to the court. The other hearing date I expect them to be here,” she said.
The matter comes up on March 19, 2025 for possible commencement of defence.