THE Lusaka Magistrates’ Court has refused to withdraw the matter in which Mpulungu ward 23 councillor Christopher Shakafuswa is alleged to have assaulted a woman.
Resident magistrate Nthandose Chabala has ordered that the matter proceeds to trial.
Shakufuswa, who pleaded not guilty to a charge of assault occasion actual bodily harm, is on April 20, 2019 alleged to have assaulted Mazili Namwinga.
When the matter came up on Friday, the State had applied to have the matter withdrawn as the parties had decided to reconcile.
Namwinga, who is the complainant, told told court that the civic leader and herself had reached a consensus to have the matter withdrawn.
“I met with the family of Shakafuswa and church members, we were both counselled over what led to the assault and we agreed that the matter be withdrawn. Shakafuswa promised that he will never repeat what happened and his cadres are no longer at the bar. It is for this reason I want the matter withdrawn,” said the complainant.
Magistrate Chabala asked the 34-year-old about the injuries she sustained to which she responded that she had a cut on her ear and some body pains.
But magistrate Chabala could not allow that the matter be withdrawn and ordered that trial commences as the witness was before court.
“Having heard the application by the State to withdraw the matter and having looked at the medical report, I have noticed that the complainant sustained a cut on the ear and other body parts. It is my view that the injuries are aggravating and I therefore do not grant the State’s application. The matter will go into trial,” she ordered.
Following the court’s order, the State applied to have the matter adjourned because they were not ready to try the matter.
According to reports that circulated on social media, Shakafuswa and his cadres assaulted Namwinga at his pub Shaka’s Kraal, when she went to claim her dues of the two security lights that she supplied.