THE PEOPLE V DAVIES CHAMA AND BRIAN DUMISANI NYONI
Case overview
The accused persons Davies Chama and Brian Dumisani Nyoni stood charged with one count of Acts Intended to Cause Grievous Bodily Harm contrary to section 224(a) of the Penal Code Chapter 87 of the laws of Zambia
Particulars of the offence are that Davies Chama and Brian Dumisani Nyoni on the 6th day of June, 2015, at Mulobezi in the Mulobezi District of the Western Province of the Republic of Zambia, jointly and whilst acting together, with intent to maim, disfigure, or disable, did wound Mushaukwa Mushaukwa.
The victim Mushaukwa Mushaukwa at the material was a cadre for the United Party for National Development (UPND). On the 6th June, 2015 the victim was in the company of fellow UPND members campaigning during the 2015 Mulobezi bye election.
The accused person Davies Chama, a defence minister and then PF secretary General , together with Brian Dumisani Nyoni were part of the PF campaign team in the parliamentary bye election that took place in Mulobezi District of the western Province of the Republic of Zambia. They were accompanied by a group of Patriotic Front (PF) cadres.
The two camps collided in Lingulyangulya plains where the two accused persons were leading the PF camp. This erupted into disturbance of peace in which Davies Chama shot at the UPND cadre Mushaukwa Mushaukwa using a pistol. He shot the victim on the left knee and on the right thigh as he was running away causing him to fall to the ground.
Brian Dumisani Nyoni who was Davies Chama’s driver went where the victim was lying and stabbed the victim on the buttocks and on the hands. Thereafter, they tied the victim to a motor vehicle and dragged him for some distance while cadres continued kicking him causing him to sustain bruises on the body.
Legal proceedings
The accused persons pleaded not guilty before Honourable Mr Justice J.H Mbuzi. The matter proceeded into trial. After the testimonies of witnesses who were called by the Prosecution, the accused persons were put on their defence where they continued to deny the charge.
The matter came up for Judgement on the 1st of August, 2025. However, accused person number two Brian Dumisani Nyoni was not present before court. Further, his sureties were not before the Court to render an explanation on his absence. Despite this , the court proceeded to render its judgement
Judgement of the court
The court delivered its Judgement and found both the accused persons guilty of the offence of Acts intended to cause grievous bodily harm.
However, mitigation and sentence has been reserved to the 8th of August, 2025. The court has issued a warrant of arrest against Brian Dumisani Nyoni and summons to his sureties. Davies Chama has since been remanded at Mongu correction facility.