The Lusaka High Court has ordered the Zambia Police Service to avail Chingola businessman Kabaso Mulenga, popularly known as Spax, before court on Monday following his application for habeas corpus.
Spax has sued the Attorney General in the Lusaka High Court, seeking leave to issue a habeas corpus directed at the police to either release him or take him to court because he has been in custody since February 26, 2020 without charge or being taken to court.
High Court judge Wilfred Muma has ordered that Spax be taken to court on Monday and that the position is such that the State should have complied with the demands sought in the writ of habeas corpus.
He said that there was no
requirement for the State to acquire instructions as the order to take Spax to court is inherent in the writ.
Last week Friday, Spax applied for habeas corpus, saying since his arrest, he has only been warned and cautioned on suspicion of murder of a Mr. Emmanuel Mapunda Chibwe by officers from crime one police where he was also advised that he was being investigated in relation to a case of murder and use of military combat without authority.
He has alleged that the police are vindictive and abusing their powers by declining to release him or charge him or taking him before a competent court because from the time of his arrest, he has not been charged or taken to court.
“My continued detention without being charged is not only unjustifiable but also unlawful as it is unconstitutional in that fundamental and connotational guaranteed rights to freedom and liberty are being blatantly violated and unfairly prejudiced,” he submitted.
When the case came up before judge Muma today, Spax was, however, not before court and the judge wondered why he was not taken.
State advocate, Mr. D. Mwewa then informed the court that the State was served with the writ on March 11, 2020 by Spax’s lawyers and they immediately sought instructions from the client which they are yet to obtain and asked for an adjournment.
Mwewa said because Thursday was a public holiday, this caused the delay in obtaining instructions but noted that the State was alive to the fact that Spax’s application was urgent.
But Spax’s lawyers Iven Mulenga and a Mr. J. Sinkala, objected to the
State’s application, saying it was their considered view that before Mwewa could make an application, it must be established if the
State had complied with the order of the Honorable Court to have Spax availed.
But Mwewa said he did not have instructions and has since
written to his client, the Ministry of Home Affairs, the reason why he has sought the shortest adjournment.
Ruling on the application for an adjournment, judge Muma agreed with Spax’s lawyers that he needed to be availed in court but granted the adjournment to Monday and urged the State to comply with the demands sought in the writ of habeas corpus.