The appeals court has further ordered that Mr. Hichilema’s application to have the criminal charge against him referred to the High Court shall be heard inter partes on 24th January 2013.
This is according to the order dated 15th January, 2013 obtained by Qfm News.
Mr. Hichilema this morning appeared before Chief Resident Magistrate Joshua Banda for trial which was adjourned to tomorrow.
But the Supreme Court Order means that the Magistrate Court will discontinue Mr. Hichilema’s trial and tomorrow’s sitting will merely acknowledge the Order.
On 29th October 2012, the Lusaka magistrate’s court rejected an application by Mr. Hichilema to refer his criminal charge to the High Court for determination of constitutional issues.
This is in a matter in which he is charged with publication of false news with intent to cause fear and alarm to the public, contrary to Section 67 (1) (2) of the Penal Code Chapter 87 of the Laws of Zambia.