By Esther Chisola
Patriots for Economic Progress (PeP) leader Sean Tembo asked the Lusaka Magistrates’s Court to issue a warrant of arrest against Education Minister Douglas Syakalima for failure to appear in court.
In this matter, Tembo filed a complaint in the Lusaka Magistrates’ Court against Syakalima for hate speech.
In his complaint filed in the Lusaka Magistrates’ Court Registry, Tembo stated that Syakalima allegedly published on various media that the people of Luapula have poverty of the mind.
When the matter came up for hearing of the complaint before magistrate Mwandu Sakala, Tembo submitted that summons were served on Syakalima and a letter was written to the Director of Public Prosecutions (DPP) seeking consent for him to privately prosecute the matter.
He further asked the court to issue a warrant of arrest against the minister.
“In the premises above, the complainant would like to apply that the court issues a warrant of arrest against the accused Douglas Syakalima so that the honour and integrity of this honorable court can be preserved. Your honour, it is a well-established maxim of the law that no one is above the law no matter the social or economic status of that person. Much obliged your worship,” he submitted.
In response, defence counsel Clavel Sianondo argued that without the consent, Tembo was incapable of making any application under the proceedings
“It is our submission that the application is a nullity as this court does not have jurisdiction to grant it. The second reason is that in case the court took a view that it can entertain the application, there is excusable reasons for the accused persons not being before court. Because of the state commitment which were made before receipt of this matter,” he said.
He further asked the court to discount the application.
“Out of regard of this court, the accused person engaged counsel who is now before you. I got attracted to the maxim volunteered by the complainant that there is no one above to the law. I agree with that maxim. If the complainant is permitted to be making applications in the matter where consent has not been made, he will be putting himself above the law, which does not permit. The application should be discounted,” said Sianondo.
In response, Tembo retaliated that a warrant of arrest must be issued against Syakalima because he had not appeared before court.
“Your worship, if we have a situation where an accused person can choose whether to appear before court or not to appear before court then our courts in general, and this honorable court in particular, will lose authority to preside and adjudicate over matters. In addition, justice will not be seen to be delivered in a fair and objective manner by the public if other individuals are seen to be above the law, while other citizens are compelled to adhere to the law,” Tembo submitted. “It is on this basis your worship that the complainant would like to reassert his earlier submission and application that this honourable court should proceed to issue an arrest warrant against the accused Douglas Syakalima for failure to comply with the summons that were issued on him and in accordance with section 91 of the CPC.”
The court has reserved its ruling to July 9, 2024.
