Pule rejects Southern magistrate

ACCUSED of tribal hate speech, clergyman Dan Pule yesterday shocked everyone at the Lusaka Magistrates Court when he demanded that a magistrate hailing from Southern Province be removed from handling his case.

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Pule demanded that principal resident magistrate Sylvia Munyinya disqualifies herself from presiding over his seditious case on reasons that she hailed from what he termed ‘The Zambezi’ region.

Pule was apprehensive that he might not be treated fairly by the magistrate owing to her regional background.

In this case Pule is charged with seditious practices.

It is alleged that Pule between May 16 and May 28, 2024 accused President Hakainde Hichilema of thriving on regionalism to divide the country as exhibited in his appointments.

Before trial could commence, Pule’s lawyer major Hanzala Jack Mwaaba (Rtd) apologised for the application he was about to make on behalf of his client which was based on ethnic grounds.

“As an officer of the court, the application that I am about to present to the court this afternoon is difficult on my part as an officer of the court but I have instructions from my client and thus we wish to make the application,” Mwaaba said.

He indicated that Pule is seeking a determination on whether he is going to receive a fair trial when magistrates Munyinya comes from the southern part of Zambia and the charge against him emanates from him calling out government to account for the appointments centering on what they cryptically call the Zambezi region which includes Southern Province where the magistrate comes from.

He said Pule was unsure of the Court’s impartiality owing to the perceived bias that may arise.

Another lawyer, Sakwiba Sikota said the case had attracted public interest and it is prudent that the confidence of the public ought to be maintained.

“At the center of this matter is an allegation against the accused, that he is disadvantaging for putting down a certain section of the Zambian population. Clearly, this section of the Zambian population is being argued by the state as being the victims in this matter,” he said.

“This section is namely the people hailing from the Zambezi provinces. These provinces being Northwestern, Western, Southern and parts of Central Province. As stated in the affidavit of the accused person, it has come to his attention that your Honour hails from what is referred to the Zambezi provinces.”

Sikota said the public was aware of the fact that the magistrate was from the Southern region and the same can be argued pursuant to Section 6(2)(a) of the Judicial Code of Conduct.

He said the adjudication of the case by a person falling in the broad category of victim, might reasonably raise the questions of impartiality.

“As stated in my opening, the whole nation is looking at this case and there should not be a sub plot to distract the nation and raise questions of bias. The best way to take away this distraction would be for this court to recuse itself,”said Sikota.

Chifumu Banda said despite what his colleagues had saluted, he had nothing useful to add to the application.

State advocate Susan Besa requested that the matter be stood down for 10 minutes to allow the prosecution team to look through the documents served on them by Pule’s lawyers and respond accordingly.

After recess, Besa said the team was ready to counteract to Pule’s application.

Magistrate Munyinya who seemingly looked down in the dumps following the preacher’s application that she recuses herself on tribal grounds, guided the State to file its response today.

She reserved ruling for June 21 at 14:30 hours.

By Mwaka Ndawa

Kalemba June 14, 2024.