By 
Davies Chibwili has refused to halt proceedings in a case involving governance activist Brebner Changala, who is charged with seditious practices.
The magistrate cited prolonged delays of more than 18 months since Changala was found with a case to answer but failed to open his defence.
Changala is facing one count of seditious practices contrary to Section 57(1)(b), read together with Section 60(1)(b) of the Penal Code Chapter 87.
He is alleged to have, between May 25 and 28, 2024, in Lusaka, accused the government of using state machinery to silence the opposition following the disappearance of the then Petauke lawmaker, now a fugitive.
On Monday, Changala applied for the proceedings to be stayed or reallocated to another court, arguing through his lawyers that Magistrate Chibwili was cited as a second respondent in a separate judicial review matter challenging the magistrate’s earlier ruling compelling him to open his defence.
He further submitted that continuing with the criminal trial while a constitutional petition challenging the offence itself was pending before the High Court would be improper, irrational and unjustified.
But in his ruling, Magistrate Chibwili dismissed the application, describing it as an attempt to delay the case.
“This matter has already taken more than 18 months since the accused was placed on his defence, yet he has not proceeded,” he said.
The court directed Changala to proceed with opening his defence, stating that there were no legal grounds to stay the proceedings.
During the session, the defence moved for an adjournment, which the State—represented by prosecutor Mildred Muchimba—opposed.
The matter was adjourned to Wednesday.
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