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The State has reached a plea agreement with film producer David Kazadi and his co-accused, Mwaka Halwindi and Ruby Muzandu, in a case involving charges relating to the alleged production, possession and circulation of obscene material.
The Lusaka Magistrates’ Court heard on Tuesday that the agreement had been concluded under the Plea Negotiations and Agreements Act No. 20 of 2010, but was yet to be served on defence lawyers and filed before the court.
The matter had been scheduled for trial commencement before Magistrate Kawama Mwamfuli when the prosecution informed the court of the agreement.
Magistrate Mwamfuli directed the State to serve the agreement on the defence and file it before the court by close of business, before adjourning the matter to November 18, 2026, for an application by the prosecution.
Senior Public Prosecutor Judith Mauka and Public Prosecutor Hope Mikwala are prosecuting the case.
The three accused had previously pleaded not guilty to the charges.
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An earlier trial sitting in September was postponed because the magistrate was engaged in election petition tribunal hearings.
The development comes amid efforts by the National Prosecution Authority (NPA), in collaboration with the Law Association of Zambia (LAZ), the Legal Aid Board and the Judiciary, to promote the use of plea bargaining as an alternative means of resolving criminal cases.
Although the Plea Negotiations and Agreements Act has been in force since 2010, the mechanism has remained underused.
The NPA, LAZ and the Legal Aid Board have so far visited Chimbokaila and Mwembeshi correctional facilities to educate remanded accused persons about the plea negotiation process.
Greater use of plea agreements in appropriate cases could help ease congestion in remand facilities and reduce the time and resources spent by courts, victims, accused persons and witnesses on lengthy trials.
Plea agreements remain subject to judicial scrutiny and require an accused person to undertake to plead guilty to an offence supported by the facts. The court retains oversight to ensure that any agreement is consistent with the interests of justice and the public interest.
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