HH AND FIVE OTHERS GIVEN 7 DAYS TO ACTIVATE A MATTER WHERE THEY HAVE SUED THE STATE FOR UNLAWFUL DETENTION
The Lusaka High Court has advised opposition United Party for National Development UPND president Hakainde Hichilema to activate a matter in which he sued the state for unlawful detention within five days.
This is in matter where Mr. Hichilema and five others sued Zambia’s Attorney General Likando Kalaluka for Malicious Prosecution, unlawful detention, false imprisonment and torture after they were arrested and charged with the offense of alleged treason on the 10th of April 2017 in Lusaka.
The state failed to prosecute the matter and on advice from the Director of Public Prosecutions DPP entered a nolle prosequi after 127 days of Mr. Hichilema’s detention.
Arising from the foregoing Mr Hichilema and others, in a writ of summons and statement of claim filed in the Lusaka High court in May 2021 wanted the state to compensate them for pain, suffering and other harm suffered by them at the State’s hands during their arrest and eventual detention.
They further alleged that their arrest, detention and subsequent prosecution was without justifiable cause and that it was malicious and therefore have the Attorney General 14 days in which to respond to the claim.
But Lusaka High court judge Paxie Yangailo has observed that the matter has gone cold due to non activity on the case from the complainants asking them to resuscitate the matter or risk being thrown out.
Judge Yangailo says from what was filed, the Attorney General has failed to respond to the matter as there is sufficient claims to be responded to.
JUDGE YANGAILO has since given Mr. Hichilema and five others only 7 days to solidfy their case or else it will be thrown out.
Mr. Hichilema was accused of sending an advance party to Western province during the 2017 Kuomboka traditional ceremony to accord him the status of republican President at the expensense of president Edgar Lungu who was also in the same area.
Mr. Hichilema was also accused of obstructing the presidential motorcade on the Mongu/Limulunga Road when his convey refused to give way to President Lungu’s convey.
According to the state, Mr. Hichilema’s actions where likely to cause death or grievous harm to the President to usurp the executive powers of the State. – Munati Television