By ALICE NACHILEMBE
Chingola Magistrate Court has sentenced Felix Mulenga, Patriot Front Chingola District Chairperson, to 14 days imprisonment and a fine of K600 for unlawful assembly.
Sixteen co-accused individuals have been fined K600 or face six months imprisonment in default.
Rosemary Kunda, PF Aspiring Member of Parliament for Nchanga Constituency, who was among the accused, has been acquitted of the same charges.
This case involved Mr. Mulenga and 18 others who stood accused of unlawful assembly contrary to Zambian law.
The facts of the matter are that on October 29, 2022, Mr. Mulenga and 18 others willfully but unlawfully convened an assembly without a police permit.
In his plea, Mr. Mulenga admitted that the meeting was held during an election period for Bupalo ward by-elections to choose polling assistants and conduct voter education.
Mr. Mulenga claimed that the command center was relocated to a nearby ward due to threats from ruling party cadres.
He stated that his members cooperated with the police when they arrived.
Before Chingola Resident Magistrate Stephan Mabona, the prosecutor argued that the accused had committed an offense by holding an unauthorized assembly.
Magistrate Mabona noted that it was undisputed that Mr. Mulenga and 18 others gathered without a police permit on October 29, 2022.
He stated that the prosecution proved beyond reasonable doubt that the accused held an unauthorized assembly in Nchanga ward, where no elections were taking place.
If the assembly had been held in Bupalo ward, where elections were being held, the Public Order Act would not have applied.
Magistrate Mabona found the accused guilty and sentenced Mr. Mulenga to two weeks imprisonment and a fine of K600 or, in default, six months imprisonment.
The other 16 accused were fined K600 to be paid immediately or face six months imprisonment in default.
Mrs. Kunda and one other accused were acquitted due to insufficient evidence.
In mitigation, the defense argued that all accused were first-time offenders, remorseful, and family breadwinners whose relatives would suffer if imprisoned. They had also been cooperative throughout the trial.
