Court orders assessment of compensation for 5 of HH’s aides incarcerated for treason in 2017

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Court orders assessment of compensation for 5 of HH’s aides incarcerated for treason in 2017

By Mwaka Ndawa

HIGH Court judge Pixie Yangailo has directed registrar of the court to assess the amount of damages to be reclaimed by five of President Hakainde Hichilema’s aides for false imprisonment in 2017 on allegations that they committed treason.


Judge Yangailo has endorsed the consent agreement entered into between the State and the plaintiffs for remuneration.
This is in a matter where Hamusonde Hamaleka, Pretorius Haloba, Wallace Chakawa, Laston Mulilanduba and Muleya Hachinda want the Lusaka High Court to compel the State to compensate them damages equivalent in value to the money and personal belongings lost when they were apprehended at the Community House in new Kasama five years ago.


The plaintiffs were falsely imprisoned on allegations that they committed treason when President Hichilema’s convoy, then as an opposition leader, allegedly failed to give way to his predecessor Edgar Lungu’s motorcade on the Mongu-Limulunga road in April 2017.


The five wanted compensation for unlawful detention, unlawful prosecution, assault and battery, special damages for loss of income during the entire period of their incarceration, and damages for injury.


According to the consent judgement it was ordered that: “The defendant wholly admits liability in respect of second, third, fourth, fifth and sixth plaintiffs and that the matter be referred to the deputy Registrar for assessment of damages for false imprisonment, damages for assault and battery and damages for malicious prosecution,” judge Yangailo said. “Aggregated and exemplary damages in respect of the treason charge the second to sixth plaintiffs faced, compensatory damages equivalent in value to the monies and personal belongings the second to sixth plaintiffs lost when they were apprehended by the police officers at the home of the first plaintiff (President Hichilema), damages for unlawful detention in respect of the period from April 12, 2017 when they were charged with the offence of treason which they faced prosecution to August 18, 2017.”


The plaintiffs will also be awarded special damages for loss of income during the period of their incarceration, damages for injury, pain, suffering, mental anguish and torture including costs of the action to be taxed in default agreement.
The five are represented by Zevyanji Sinkala of ZS Legal Practitioners.

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