The Parliamentary Committee on Legal Affairs has finally agreed that anyone can re-commence the discontinued case of Kenneth ‘Ken’ Msonda but proper laws for opening criminal case must be observed.
Office of the Director of Public Prosecution (DPP) discontinued the criminal case when it was observed that private lawyers who commenced the case had done so without consulting the office.
Chakhwantha |
“Members have decided that we should leave to the general public, those who are interested to pursue that issue further they should feel free to do so.” confirmed Peter Chakhwantha, Chairperson for Legal Affairs Committee
DPP, Mary Kachale, had on Thursday afternoon appeared before the Committee to justify her decision to discontinue the criminal case No 16 of 2016, Republic Versus Kenneth Msonda on Inciting another to contravene the law contrary to section 124 (1)(b) of the penal code.
Chakhwantha has therefore reminded those who want to pursue with this case to take advice from DPP that since the case was closed it is not possible to re-open the same case number, rather, they should be go back to wheels of justice to open the case using different case number.
“I must emphasize that it is now the view of the committee that members of general public should know how to commence these criminal proceedings especially they have to start with office of Director of Public Prosecutions.
As for committee, we feel whatever happened when commencing the closed case is something that we should indeed not condone” added Chakhwantha
Politician, Kenneth 'Ken' Msonda angered Human Rights defenders early this year for allegedly to have openly suggested the killing of homosexuals as the only solution to end the rising cases of homosexuality in the country which the charge sheet cited him conduct to have contravened section 209 of the penal code.
It is reportedly that in that Facebook post, the Peoples Party (PP) Publicity and Administrative Secretary, Msonda, had further described homosexual people “worse than ‘dogs” and are “sons and daughters of the devil”
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