UPND president Hakainde Hichilema has petitioned the Lusaka High Court to quash section 67 of the Penal Code from the statue.
But this matter has been sent back to the Judge-in-charge Isaac Chali because Director of Public Prosecutions Mutembo Nchito has objected to Judge Judy Mulongoti handling the case because she was conflicted as her husband, Mike, has allegedly defected to the UPND .
The case was referred back to Judge Chali after acting chief State advocate a Mr Simachila raised two preliminary issues.
Section 67 of the Penal Code pertains to publication of false information with intent to cause fear and alarm to the public.
Mr Simachila told the court that he received instructions from the DPP that Judge Mulongoti should recuse herself from Hichilema’s case because her husband had defected to the UPND.
Mr Simachila also said Mr Nchito should not be joined to the proceedings of the case in his capacity as DPP. But defence lawyer Martha Mushipe said she could not argue or respond to the preliminary issues which were raised by the State advocate because she was not sure whether the preliminary issues raised were true or not.
Mrs Mushipe said she could not argue the case as she needed time to liaise with her colleagues.