01/06/2023
STATE HOUSE BEHIND PF SEATS NULLIFICATION, NAKACHIINDA TELLS COURT
By Fox Reporter
RAPHAEL Nakachinda has told court that President Hakainde Hichilema’s Political Advisor, Levy Ngoma has been behind attempts to have PF seats nullified and that State House was behind a plot to temper with the judiciary.
Giving his defence, before Magistrate Ireen Wishimanga, Nakachiinda said that Levy Ngoma started pressuring Banda to leave PF and contest on the UPND ticket to the extent of warning him that if he went ahead to contest on the PF ticket the State will deal with him.
“After the adoption was concluded, Patrick Banda was adopted to be the candidate for the PF, but a few days before the nomination I carried the candidate and on our way Levy Ngoma called on his phone. Patrick Banda then informed me that Levy has called and I requested Patrick to put the phone on loud and my hearing of Levy Ngoma said, weo Patrick mukwasu ne kucita advise kuti sebenza naise chipani chili muboma, boma ni boma nanga uzafiling’a nomination ulinamwayi. Ndaba bakapokola ndise tilanganila. Ba Court bose tilanganila, ndaba mwacita ivo mukwasu suzankalamo mu cemba mula. (You Patrick, I advised you to work with us in government because government is government and if you will manage to file in your nomination you are luck. Police is under our charge, Courts are under our charge and if you go ahead to file your nomination, you will not enter that Chamber). And he wished him well,” he explained.
Nakachiinda explained that among the people that threatened Patrick Banda was Eastern Province Minister, whom he said at one point drove him (Banda) to Lusaka where he met, Ngoma, Minister of Justice Milambo Haimbe, Christopher Mundia (President Hakainde Hichilema's legal advisor) among others.
He said among the issues that were discussed in the meeting that Patrick attended was the issue of how UPND and State House were controlling the judiciary, police and other state institutions and the plan about how petitioned seats would be nullified.
“…Because the issues that had started where just the beginning to the extent of telling him that we have instructed their candidate to petition, even if you appealed you will not succeed. When I received the information, I informed the party. The petition that was lodged by the UPND was made in their favour.
The following day, Patrick Banda called me, and said he had been called by Ngoma together with Christopher Mundia (Legal Advisor to President Hichilema) on Ngoma’s phone. And in their conversation, Ngoma told him that, have you seen what I told you that we are in control?... I asked Banda to travel immediately to Lusaka and we instructed that he should appeal the nullification.
Among the information, Ngoma and Mundia told him that his seat has been nullified even if he appealed, he will not win the appeal, judges are under us, Magistrates are under us and I am calling you from State House, this was on 2nd December, 2021. And he said even MPs you will see what will happen.
The Speaker of the National Assembly has been instructed to remove Bowman and others whose seats have been nullified. Five days later, the speaker made a ruling to which MPs whose seats have been nullified despite appealing to the ConCourt, were ejected from the house. I saw that it was collaborating with threats issued by those at State House,” he said.
And Nakachinda told Magistrate Wishimanga that in the first week of May, 2022, when he appeared in Court over the same matter under a different magistrate J Bwalya, UPND cadres (led by Lusaka Province youth chairperson Anderson Banda) victimized him and was only served by Police who moved him through the court tunnel to the cells.
He explained that after the matter was adjourned, UPND cadres converged at the Court grounds and accused Magistrates of being PF before demanding for their transfers.
Nakachinda told court that two days later, over ten magistrates were transferred including the Court that was handling his matter at the instigation of the UPND cadres.
He said after looking at how the events were collaborating with the information, he got about attempts to compromise the judiciary and mutilate democracy, he had no option but to offer checks and balance by revealing the information he had received.
“When we went to the high Court, I mean myself, vice president Given Lubinda, Deputy Party secretary general Nickson Chilangwa and other MPs especially those who were affected by the decision by the Speaker, among them Mutotwe Kafwaya and Lusambo, in view or the collaborating incidences, I felt duty bound in defence institutions of governance such as the Judiciary, in defence of democracy to air out these manoeuvres that came to my attention, believing that persons appointed to save in the presidency represent the view and position of the President.
Your honour, the incidences that followed is that I was arrested and charged for the offence I am here for,” he said.
And during cross examination, Nakachinda denied having defamed President Hichilema saying he did not bring the name of the President into hatred, ridicule and contempt as alleged by the State and that the sentiment made on MUVI Television news was misunderstood.
He said he was merely defending democracy and the integrity of judges.
Nakachinda said while Muvi television reported that he had said that President Hichilema was summoning judges at his community house, Crown television was correct when it reported that he said he received information to the effect that the President was intending to begin summoning judges to his community house.
He argued that his statement did not say that President Hichilema was summoning judges but that he received information that the President was intending to begin to summon judges and he uttered the words to protect the democracy and integrity of the judiciary.
