The Lusaka Magistrates’ Court has dismissed an application by the State to visit Forum for Democracy and Development (FDD) president Edith Nawakwi to verify her health condition following her continued absence from court.
Nawakwi, who is facing charges of abduction and threatening violence, did not appear before the court, with her lawyers citing ill health.
When the matter was called, State prosecutor Muyangana Sitali noted that the case was scheduled for mention and fixing of trial dates.
However, he expressed concern over the accused’s repeated absences, stating that similar reasons had been given previously.
Sitali submitted that since Nawakwi had missed multiple court appearances, the State sought to confirm the legitimacy of her illness.
He requested that the court visit her residence to verify her condition, suggesting that a date be set for such a visit.
In response, Nawakwi’s lawyer, State Counsel Chifumu Banda, objected to the application, describing it as inhumane.
He argued that a medical report signed by three doctors, including a senior medical superintendent, had already been provided to the court.
Banda likened the State’s request to the biblical story of Thomas seeking proof of Jesus’ resurrection, asserting that illness does not require physical verification.
“This application lacks a human face,” Banda stated. “We have submitted a detailed medical report, and there is no basis for the court to move to physically inspect the accused’s health status.”
Magistrate Amy Masoja-Chilangwa ruled that the State’s request was untenable and proceeded with fixing the trial dates. The matter was adjourned to April 14.
Nawakwi is charged with abduction and threatening violence against farmers Feluna and Milton Hatembo.
The prosecution alleges that between August 31, 2021, and September 1, 2022, Nawakwi, acting with unknown persons, threatened to kill Milton Hatembo and abducted both individuals from Choma to Lusaka, allegedly confining them against their will.
