BACKGROUND

Mongu-Western Province: Hon. Justice J. H. Mbuzi has found Davies Chama, first accused person and Brian Dumisani Nyoni, the second accused person with a case to answer and put them on their defence. The two accused persons are charged with one count of Acts intended to Cause Grievous Harm contrary to Section 224(a) of the Penal Code Chapter 87 of the Laws of Zambia. The first accused person is the former Patriotic Front Secretary General and former Minister of Defence.

The particulars of offence are that Davies Chama and Brian Dumisani Nyoni on 6^th June,2015 at Mulobezi in the Mulobezi District of the Western Province of Zambia jointly and whilst acting together, with intent to maim, disfigure or disable did wound Mushaukwa Mushaukwa.

BRIEF FACTS

The victim Mr. Mushaukwa Mushaukwa is a cadre for the United Party for National Development (UPND). On 6^th June,2015 the victim was in the company of former Member of Parliament for Sesheke Mr. Siyauya Sililo and other UPND members campaigning during the 2015 Mulobezi By-elections. The group was taking food stuffs and campaign materials to the Machile UPND camp. On their way back, they saw a group of Patriotic Front (PF) cadres dressed in PF regalia who were in the company of the two accused persons. The UPND group proceeded with their journey but when they reached Lingulyangulya Area, they saw a motor vehicle following them behind and flashing lights at them.

The UPND group stopped their motor vehicle and Mr. Sililo came out of the motor vehicle with a view of finding out why the vehicle behind them was flashing lights. It is alleged that Davies Chama disembarked from the motor vehicle that was following the UPND group and fired gun shots. Mr. Sililo run into the nearby bush. The victim being scared also disembarked from the UPND vehicle and started running towards Mr. Sililo. The victim narrated that he was shot on the left knee and right thigh by the accused persons as he was running away causing him to fall to the ground. Upon seeing this, the driver of the UPND group drove off to safety leaving the victim and Mr. Sililo behind.

In addition, the second accused person who was Davies Chama’s driver is alleged to have attempted to stab the victim with a knife on the chest while the victim was on the ground, The victim blocked the knife using his hands and hence was stabbed on the right palm and further on left buttock. It is alleged that the accused persons later tied the victim’s hands with a rope which was tied to their motor vehicle and started dragging him over a distance of about 50 meters. As a result, the victim sustained serious injuries. The accused persons later took the victim to Sichili Police Station where they reported him for threatening violence. The victim was rushed to Sichili Mission Hospital by the Police and later transferred to Livingstone General Hospital where he was admitted.

However, the police officers took him from the said hospital to Sesheke Police station where he was charged and arrested for threatening violence to the now accused persons which case was later discontinued. The victim sustained two gun shot wounds among other injuries. The case of Acts intended to Cause grievous Harm was instituted against the accused persons in 2015 but it never saw the light of the day until the year 2023 when it was cause listed for trial before the Mongu High Court.

Today the 8^th day of November, 2024 Justice J.H Mbuzi has found the two accused persons with a case to answer and has put them on their defence. The trial is ongoing. The National Prosecution Authority is committed to the delivery of justice.