Court Hears That Parley Was Not Disturbed By Laura, Pilato Protest
THE Lusaka Magistrates’ Court yesterday heard that no member of parliament was disturbed as a result of the demonstration conducted by musician Chama Fumba, also known as Pilato, and five others.
And the court also heard that Pilato and his co-accused had assured, in their notice to the police, that the demonstration would be peaceful.
In this case which is before principal resident magistrate Mwaka Mikalile, Pilato, Alliance for Community Action executive director Laura Miti, Zambia Centre for Social Development executive director Lewis Mwape, Patriots for Economic Progress (PeP) leader Sean Tembo, activist Bornwell Mwewa and Mika Mwambazi are charged with disobeying lawful orders.
It is alleged that the six on September 29, 2017, jointly and whilst acting together with other persons disobeyed lawful orders after they demonstrated against the purchase of 42 fire trucks at one million dollar each but they pleaded not guilty.
Emmasdale Police Station chief inspector Anthony Phiri, in cross-examination by one of the defence lawyers Keith Mweemba, said the members of parliament were not disturbed as a result of the demonstration by Pilato and others, adding that the group had assured the police in their notice that the protest would be peaceful.
Phiri said Miti on September 20, 2017, gave notice to the police about intentions to hold a peaceful demonstration and the same was within the seven days required by the law.
He said on September 26, 2017, Miti received a response from the police command advising her not to proceed with the demonstration because there were no police officers to police the event since most of them had been assigned to other national duties.
Phiri said it was his personal decision to give unconstitutional order for people without invitation cards not to enter the Parliament building despite the law allowing anybody who wishes to attend Parliament to do so even without invitation.
The witness said he was not the Constitution of Zambia, saying the Constitution was superior to him and that he had the duty to obey it.
Phiri denied that on the material day, he chose to disobey the Constitution and temporarily suspended it for him to effect his duties.
And in his evidence-in-chief, Phiri said he arrested Pilato and others because they disobeyed orders.
He said he told the accused persons not to proceed with their demonstration towards the Parliament building more than three times but they disobeyed him and insisted that they would go ahead even without invitation cards.
Phiri said he ordered the six accused person not to proceed because as a police officer, he had authority to order anyone not to do anything that would raise or was likely to constitute a public nuisance.
Phiri told the court that on the material day, he was assigned duties at Parliament building, the day when former finance minister Felix Mutati presented the national budget and that some of his duties were to maintain peace, order, to protect property and to make sure that the people going into Parliament were members of parliament and invited guests.
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