Senior Resident Magistrate Cecelia Onsewa has adjourned to tomorrow Tuesday, a case involving Centre for Democracy and Economic Development Initiatives (CDEDI) executive director Sylvester Namiwa alongside eleven others.
The 12, who were arrested last on August 11, 2021 in Lilongwe, are answering a charge to do with contravening police act which prohibits demonstrations.
But speaking to Yoneco FM after the adjournment, one of the lawyers representing the accused persons, Oscar Taulo, said the defence is objecting hearing of trial saying that they appealed for judicial review in the High Court.
He said: “It will be difficult for het to continue the matter, and according to the State they are speculating that the case may be transferred to Lilongwe Chief Resident Magistrate.”
Oscar added that with the transferring of Magistrate Onsewa to Industrial Relations Court, there is no need to transfer the case to Lilongwe.
“There is no reason why the matter should go to Lilongwe that was our concern why should it go there yet at Nkukula there is another Magistrate who can handle the matter.
“We had applied that when the Magistrate when is transferring the file, should be tried by another Magistrate who is within Nkukula Magistrate Court and not to Lilongwe Magistrate Court,” said Taulo.
Namiwa is also challenging the present proceedings in the lower court after the High Court granted a judicial review.
On the issue of application to stay the proceedings, the State has however described the application as premature citing there is similar application made to the High Court.