DESPITE having declared herself combat ready for an ethnic war, Mfuwe constituency member of parliament Maureen Mabonga might not be tried for fueling a tribal conflict as the State has dispensed with the charge of proposing tribal war.
The 40 year-old law maker has since been charged with two counts of seditious practices.
Between May 25 and May 28, 2024 she allegedly incited Easterners to rise in arms against Southerners when she ascribed the disappearance of Petauke Central member of parliament Emmanuel Jay Banda last weekend to an ethnic attack on Easterners.
She said the Easterners together with their tribal cousins, the northerners were large tribal grouping and could outnumber the police.
The utterances are considered to promote feelings of ill will or hostility between different communition or different part of any community.
Appearing before magistrate Trevor Kasanda yesterday Mabonga denied inciting an ethnic war.
After plea her lawyer Makebi Zulu applied for bail pending trial.
He said his client who is a law maker is of fixed abode and would abide by the conditions set by the Court.
State advocate Mtolo Sikanyika opposed to the application saying the offense committed by Mabonga was serious and chances of her re-offending the citizenry were too high.
Zulu said there is no law that prohibits a person charged with two counts to be denied bail.
He said Sikanyika’s statement implies that the State has already found her guilty without the court making a pronouncement.
Another lawyer, Leon Lemba who cited the
Fostine Kabwe and Aaron Chungu vs the people case of 2011 page 186 said the Court had held that the threshold for bail pending trial tends to be lower in article 18 (2) of the Constitution, “every person who is charged with a criminal offence is presumed innocent until proven guilty.”
“To suggest that this court must decline this application on the basis of the number of counts and also seriousness of the offence will effect to going against the Constitution,”said Lemba.
Mabonga who was discharged from hospital prior to the Court session spent her night in the slammer as the Court adjourned ruling for bail pending trial to tomorrow June 6.
Story and Picture by Mwaka Ndawa
Kalemba June 5, 2024.
