ACC’ testimony should not grace the court’s record – Nakacinda

PATRIOTIC Front(PF) faction secretary general Raphael Nakacinda has asked the Lusaka Magistrate Court to remove the evidence of Anti-Corruption Commission (ACC) Head of Corporate Communication, Timothy Moono’s testimony from the court’s record on grounds that it was illegally and improperly before the court.

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Nakacinda argues that it was against the law for an officer like him from the commission to testify before court under section 17 subsection 2 Act 3 of 2012.

Nakacinda through his lawyer, Nkula Botha said the testimony of Moono should not grace the court’s record as it was improperly before it.

He wants the court to expunge the entirety of the evidence from the court’s record.

This follows Moono’s testimony where he told Chief resident magistrate, Davies Chibwili that words uttered by Nakacinda on September 26, 2024 that President Hakainde Hichilema had ordered law enforcement agencies to raid the house of former President Edgar Lungu were not factual.

Moono in his testimony said the President never ordered the ACC to raid the residency of Lungu in Chifwema area as alleged by Nakacinda.

In this case, Nakacinda pleaded not guilty to seditious practice contrary to section 57 as read with 60(1)(e) of the Penal Code Chapter 87 of the laws of Zambia.

It is alleged that Nakacinda on September 26, 2024 in Lusaka, using KANELE 97.7 FM Facebook page, uttered Seditious Words.

“The Republican President of Zambia gave directives to the Drug Enforcement Commission, Anti-Corruption Commission and the Zambia Police Service to raid and search the house of Former Head of State Mr. Edgar Chagwa Lungu, with a view to divert attention on the on-going eligibility case in the Constitutional Court of Zambia, an utterance intended to raise discontent or disaffection among the people of Zambia.”

But Nakacinda does not want Moono’s testimony to grace the court’s record.

He emphasised that according to the section cited above, an officer from the commission cannot give any evidence in court or tribunal.

“According to Section 17(2) Act 3 of 2012 we need to strike out the statement from the record, an officer from a commission cannot give any evidence in any proceedings whether criminal or civil in exercise of the same function as provided for by ACC act.”

“Section 17(2) states that the Director General, Deputy Director General, an officer or member of staff of the commission shall not be called to give evidence before any court or tribunal in respect of anything coming to such person’s functions under this act,” he submitted.

In response, state Prosecutor Mildred Muchimba said she needed time to respond to the defence’s submissions and asked for an adjournment.

Muchimba said she needed to file the response.

The court granted an adjournment and said the state should file a response and the defence should reply by March 21, 2025.

The court has adjourned the matter to March 31 for ruling.

By Lucy Phiri

Kalemba February 18, 2025