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DPP enters nolle in IG, Tayali defamation case

THE Director of Public Prosecutions Lillian Siyunyi has discontinued through a nolle prosequi the case in which Chilufya Tayali was accused of defaming Inspector General of Police Kakoma Kanganja.

But Tayali, in an interview outside the court room, said he rejected the nolle demanding that Kanganja should come to court and prove that he was not incompetent.

 

When the case came up for continued cross examination before resident magistrate Felix Kaoma, defence lawyer Mulambo Haimbe said his team was ready to proceed but wondered why Kanganja who was the witness on stand was absent in court.

 

Magistrate Kaoma at this point informed both parties that he was in receipt of instructions to discontinue the matter through a nolle prosequi pursuant to section 81 of the Criminal Procedure Code.

 

He told Tayali that he was a free man for now.

The defence did not object but Tayali later outside court described the nolle as nonsense, saying it just showed Kanganja’s incompetence.

 

“This habit of arresting people only to come and enter a nolle is nonsense and it should come to an end. I want to put it very very clear that this is the incompetence I have been talking about  concerning Kakoma Kanganja. This nolle should go straight with the resignation of Kanganja. He should resign today,” Tayali added.

 

He said if Kanganja was efficient and competent, he would have come to court to defend himself. Tayali said the nolle prosequi only showed that Kanganja was not man enough.

 

He was charged with libel regarding a Facebook posting where he alleged that Kanganja was trying to cover up his inefficiencies by charging UPND leader Hakainde Hichilema with treason in April.
On Wednesday, the DPP also discontinued Hichilema’s treason case through a nolle prosequi.

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