By Enock Kademaunga
THE Lusaka High Court has dismissed a case in which President Hakainde Hichilema and five others sued the State for false imprisonment after being charged with treason.
President Hichilema and five others were seeking compensation for unlawful prosecution.
But judge Pixie Yangailo dismissed the matter for want of prosecution, stating that there had been very little progress made by both parties.
President Hichilema, Hamusonde Hamaleka, Pretorius Haloba, Wallace Chakawa, Laston Mulilanduba and Muleya Hachinda asked court to compel the State to compensate them damages when they were apprehended in Lusaka’s New Kasama in 2017.
The six were falsely imprisoned on a treason offence for allegedly failing to give way to then president Edgar Lungu’s motorcade on the Mongu-Limulunga Road in April 2017.
However, the Director of Public Prosecutions (DPP) entered a nolle prosqui and they all walked to freedom. But earlier this year, they sued the State for damages equivalent in value of monies lost and damaged property at President Hichilema’s home during the unlawful police operation.
On September 14 this year, judge Yangailo struck out the matter from the active cause list for want of prosecution but gave liberty to have it restored within 30 days.
But the plaintiffs’ lawyer Kamuwanga Phiri of Messrs Malambo and Company applied for the case to be restored to active cause list, stating that he wished to proceed with the matter and have it heard on its merit.
When the matter came up for status conference to ascertain compliance with the order for directions issued by the court on July 13, 2021, Phiri said he filed a notice of change of advocates which showed that he was representing all the plaintiffs.
He asked the court to take judicial notice that the first plaintiff (Mr Hichilema) ascended to the office of President of Zambia.
“The dictates of our Constitution, particularly Article 98 demands that the first plaintiff cannot be part of these proceedings. We have since made efforts through the office of the legal advisor to the President to facilitate instructions in light of this. We are quite hopeful that before the end of this week, we shall be favoured with instructions,” he said.
Phiri said the second to sixth plaintiffs were currently occupying various portfolios in the Office of the President.
“Again, we have reached out and scheduled various appointments to obtain instructions. We ask for the court to exercise its discretion to extend the time within which to comply and tender out apologies for the non-compliance; that is our position,” said Phiri.
Judge Yangailo however dismissed the matter.
“There has been very little progress made by the parties in this matter. The matter is therefore dismissed for want of prosecution,” said judge Yangailo.- The Mast