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Police Assistant Commissioner Testifies on Independence of Law Enforcement in Nakacinda Sedition Case

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Assistant Commissioner of Police at Lusaka Division, Martin Mooka, has told the court that law enforcement agencies operate independently and do not receive instructions from the President regarding criminal matters.

Mooka made this statement during a sedition trial against PF Secretary General Raphael Nakacinda, who is accused of making claims about security operations linked to former President Edgar Lungu’s residence.

Mooka dismissed claims that President Hakainde Hichilema had ordered security agencies to raid Lungu’s home and called for Patriotic Front (PF) supporters to mobilize in response.

He confirmed that after reviewing the footage, he consulted his superiors, who denied the existence of any directive from the President regarding Lungu’s residence.

Nakacinda appeared before Chief Resident Magistrate Davies Chibwili, facing charges of seditious practices.

Before testimony began, Magistrate Chibwili questioned Nakacinda about his absence from court on January 13, 2025.

Nakacinda explained that he had been in Ghana and miscalculated his return flight, causing him to miss the hearing. He stated that he had informed his sureties and returned to Zambia on a Sunday.

The magistrate, expressing dissatisfaction, issued a warning. “Your absence affected court proceedings. This must never happen again. I was tempted to interfere with your passport. These proceedings take precedence over any other commitments, including funerals,” he cautioned.

Allan Tamba, 42, a public relations officer at the Drug Enforcement Commission (DEC), testified that he came across a video on Kanele TV’s Facebook page between September 26 and 28, 2024.

In the video, Nakacinda allegedly claimed that security agencies, including DEC, had been instructed by the presidency to raid Lungu’s residence. He also urged PF supporters to gather at the property in Chifwema.

Tamba stated that upon seeing the video, he conducted an internal fact-finding process within DEC and confirmed that no such directive had been issued. Concerned about the potential to incite public disorder, he released a press statement refuting Nakacinda’s claims.

“I felt it was necessary to clarify to the public that DEC had not received any instructions to raid the former President’s house,” Tamba said.

During cross-examination, defense lawyer Nkula Botha questioned Tamba about DEC’s professionalism, alleged corruption, and internal affairs. Tamba denied knowledge of corruption-related staff departures and maintained that he was qualified to comment on concluded investigations.

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