The Lusaka Magistrates’ Court has ordered a doctor to personally appear and justify a medical note issued to civil rights activist Brebner Changala, a move that has heightened tension in a matter that has now stalled for more than a year.
The directive was made after Chief Resident Magistrate Davies Chibwili expressed concern over prolonged delays in the case, which has remained inactive for 18 months despite Changala being found with a case to answer and instructed to open his defence.
Changala is accused of making statements in May 2024 suggesting that the government used state machinery to suppress opposition voices following the disappearance of then Independent Petauke lawmaker, Emmanuel Jay Banda.
Efforts by the defence to halt proceedings had previously failed. Changala’s lawyers argued that Magistrate Chibwili should recuse himself due to his involvement in a separate judicial review matter and insisted that continuing the case while a constitutional challenge was pending would be unjust.
The court dismissed the application, calling it a delay tactic.
Tension rose again on Tuesday when the matter resumed without Changala present. His lawyer, Kabamba Simukonda, informed the court that the activist had fallen ill and had been placed on seven days’ bed rest by Kafue District Hospital.
A medical note signed by Dr. Ngosa Saili of Kafue District Hospital was presented before the court.
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The State immediately challenged the excuse, questioning both the timing and credibility of the sick note.
“Justice delayed is justice denied, and justice hurriedly is also justice denied. We would wish that the doctor who issued the sick note be brought before this court,” the State argued.
The defence pushed back, insisting that Changala had the right to seek medical care and should not be punished for an unavoidable absence.
But Magistrate Chibwili remained unconvinced, pointing to what he described as a recurring pattern of delays by the defence. He ordered that Dr. Saili appear before the court and bring full medical documentation to substantiate Changala’s condition.
The matter was adjourned to Thursday.
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