THE State has entered Nolle Prosequi in a case where MMD President Nevers Mumba was charged with conduct likely to cause breach of the peace.
Kitwe District Prosecution Officer Gabriel Chipalo told Senior Resident Magistrate Daniel Musonda that he had received instructions from the Director of Public Prosecution to discontinue the case.
“I have received instruction from the State to discontinue the case and so you are free to go home,” Magistrate Musonda said.
Particulars of the offence are that Dr Mumba, on December 24, last year in Kitwe, publicly conducted himself in a manner likely to cause breach of the peace when he alleged that the Patriotic Front(PF) government had given K1billion to some members of the MMD to destabilize the former ruling party.
Magistrate Musonda told Dr Mumba that he had received the instruction from the State to discontinue the case and so he was free to go home.
And speaking after the State entered nolle prosequi, Dr Mumba said the PF government had entered a nolle prosequi in his case because it was aware that the commonwealth team to look at the abuse of human rights in Zambia was already in the country.
Dr Mumba said the commonwealth team to look at abuse of human rights was already in Zambia and so the PF wanted to show that it had respect for human rights by entering nolle prosequi on cases involving opposition leaders.
He said most opposition leaders were being locked up by the PF government as a way of intimidating and incarcerating them, but warned that the ruling party would not manage to silence the opposition because it was strong.
“If there was a constitutional way of rejecting this nolle prosequi, I would have rejected it so that I pursue it to the very end. Nolle prosequi means that this case for now is over, but it can be revived later, and so I would have loved to pursue it very end.
“The State entered Nolle Prosequi because they know that I had not committed any offense, but they are just hiding in a nolle prosequi.
“In fact, I would have loved President Michael Sata himself who was sending Police officers to come and arrest me to come and apologize to me because these arrests are just aimed at incarcerating and intimidating the opposition,” Dr Mumba said.