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The Lusaka Magistrates’ Court has rejected the State’s application to hear part of the sedition trial of Christian Democratic Party president Daniel Pule in private, ruling that the proceedings should remain open to the public.
High Court Judge Sylvia Munyinya, sitting as a magistrate, held that the State had failed to demonstrate sufficient grounds to exclude the public and the media from the proceedings.
The ruling came after the prosecution sought a limited in camera hearing under Article 18(11) of the Constitution and Section 76 of the Criminal Procedure Code, arguing that the defence intended to produce documents containing personal information.
Principal State Advocate Monde Muyoba submitted that appointment letters, National Registration Card (NRC) details and other documents obtained through a subpoena contained sensitive personal information whose disclosure in open court could infringe the privacy rights of individuals named in the records.
The State argued that granting the application would not prejudice Pule’s right to a fair trial because he would still be able to call witnesses and cross-examine them.
The defence opposed the application, arguing that Pule had been charged in open court and should therefore be permitted to present his defence publicly. Defence lawyers also submitted that the appointments under scrutiny were public appointments and that conducting part of the trial behind closed doors would be unjust.
In dismissing the application, Magistrate Munyinya ruled that the documents sought through the subpoena would not prejudice anyone if produced in open court.
“The order by this court was for the review of documents. If those documents are produced, they cannot prejudice anyone. I decline the application by the State. This matter will be heard in open court,” she said.
Pule is charged with sedition over remarks he allegedly made in 2024 in which he accused President Hakainde Hichilema of making appointments to key public institutions based on regional considerations involving North-Western, Southern and Western provinces.
The court also dismissed Pule’s application to adjourn the trial until after the August 13 general election to allow him to focus on his presidential campaign.
Magistrate Munyinya ruled that election campaigns could not interfere with the administration of justice and adjourned the matter to August 5.
During the defence case, Industrial Development Corporation Chief Legal Officer, Leah Mtonga Ngoma, testified and produced documents relating to appointments at institutions including Zamtel, Zampost, Nitrogen Chemicals of Zambia and Zambia Airways.
Under cross-examination, Ngoma told the court she had produced 14 National Registration Cards and related appointment documents.
She further testified that only five of the 14 appointees were from Southern Province, while the remaining appointees originated from other parts of the country.
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