HH’s nolle prosequi
Published On August 17, 2017 » 3218 Views» By Administrator Times » Opinion
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While hordes of arm-chair political analysts have become overnight legal experts on the release of the United Party for National Development (UPND) leader Hakainde Hichilema and five others, we feel the action must be interpreted at many levels.
We say this following the avalanche of deceptive interpretations by UPND members, anti-government elements, pseudo intellectuals, western-backed NGOs and a pack of other detractors adding their voices to HH’s release.
To start with the term Nolle Prosequi is a Latin legal phrase meaning “be unwilling to pursue”, or meaning to “do not prosecute”. It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor’s decision to voluntarily discontinue criminal charges either before trial or before a verdict is rendered. It contrasts with an involuntary dismissal.
This in itself means HH has been discharged after the Director of Public Prosecutions (DPP) Lillian Siyunyi entered a Nolle Prosequi in the treason case making it abundantly clear that the release was not an acquittal since HH could be arrested anytime over the same offense.

HICHILEMA

HICHILEMA

We feel the explanation did not sink into Mr Hichilema since the politician went round in selected roads in Lusaka thanking all those that visited him while in detention.
However, we are happy to note that the politician also acknowledged the power of God for making it possible for their release from detention following what he called their brutal arrest and extended detention saying only God makes such things to happen.
However, whatever the hullabaloo, we totally agree with the Patriotic Front (PF) Secretary General Hon Davies Mwila who has welcomed the decision for the State to enter a Nolle Prosequi in the treason case involving UPND leader Hakainde Hichilema and five others.
Nevertheless, what is heartening is Mr Mwila’s acute observation that Mr Hichilema’s release was a clear indicator of the independence of institutions such as the (DPP) and Judiciary.
The recent release of former Kafue PF Member of Parliament Obvious Mwaliteta and all his co-accused by the Lusaka High Court on charges of aggravated robbery was another indicator of the independence of the judiciary and non-interference of government in such matters.
We also hail the Commonwealth which has praised the decision by the (DPP) to drop treason charges against United Party for National Development (UPND) President Hakainde Hichilema stating this will help to progress peaceful dialogue.
Our humble appeal to Mr Hichilema and his freed friends is for them to contribute to making Zambia a better place than they left it when they were detained.
We say this after noting with dismay that Zambia has been polarised along tribal, factional, regional and political lines all because of the aftermath of the August elections that nearly dragged the country into a civil war.
We thus feel this is the time for Mr Hichilema to show the country his leadership qualities of putting the interests of the country first above that of an individual.
Already we have noted that Mr Hichilema has acknowledged divine powers as he was quoted thanking God shortly upon release.
As a Christian nation, we are taking him a step further in Biblical tenets that preach reconciliation, humility and embracing reality since everything in this world is controlled by God (of course the God of Abraham and Isaac).
We say this after noting that the UPND team in their comment on Mr Hichilema’s release is already playing the same old tired game of witch hunting, name calling and ‘damn those who are not with us ’trick.
According to our learned lawyer and self-appointed political scientist, one Jack Mwimbu who goes by a fancy title of ‘UPND chairperson for legal committee counsel ‘at his worst in liberally sharing ignorance with like-minded and wishful thinkers in the party, the DPP has not entered a Nolle Prosequi but the treason charge has been dropped in the public interest.
What ignorance!
If he kept such ignorance to a lean choir of UPND followers, maybe we could have forgiven him, but Mr Mwimbu was peddling such fat lies before journalists proudly dispensing them like the gospel truth.
One would wonder if the country is following a different case from the one Monsieur Mwimbu is quoting.
Our advise to all politicians is that whatever the situation the interests of 16 million Zambians should always override that of power-hungry mortal men since what citizens need are jobs, food, good hospitals, good schools and a peaceful country.
So far these needs are being met since the Kwacha is stable, mealie meal prices have gone down, load shedding has drastically reduced, new industries are coming up and the country has become peaceful once more.
Anyone who wants to politick has to hinge his message on the needs of citizens and not on getting into power willy-nilly.

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