Court Throws Out GBM’s Application

Court Throws Out GBM’s Application

THE Lusaka Magistrate’s Court has trashed out an application to refer to the Constitutional Court a case in which United Party for National Development (UPND) Vice-President Geoffrey Mwamba is charged with proposing violence.
Mwamba, 52, was arrested for allegedly proposing violence in connection with a statement he made that he would go for President Lungu’s throat, which is a violation of the Penal Code.
Through his lawyers, Mwamba had said the indictment abrogated Article 20 of the Constitution of Zambia which provides for the protection of freedom of expression and that the charge offended his rights of freedom of expression.
Gbm wanted the constitutional court to determine whether the usage of idioms such as going for someone’s throat is now a criminal offence in Zambia.
Principal resident magistrate Jennifer Bwalya said in her ruling yesterday the case was proper before her as she had not yet determined whether the words relied on by the prosecution were in fact idioms.
Ms. Bwalya noted that it was premature for Mwamba to refer the case to a higher court when she had not yet determined it.

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