Prosecute Kamanga Within 120 Days or Discontinue Matter – High Court
..Return his Passport…
By Dickson Jere
Andrew Kamanga was President of the FAZ. He was arrested and charged by the Drug Enforcement Commission (DEC) for obtaining money by false pretenses with three others. He was released on Police Bond on the same day of arrest. But as part of his bond condition, his passport was taken away. He was also required to report to DEC whenever he wanted to travel. Later, his passport was released to him but he was still required to report to DEC whenever he wanted to leave the country.
He found these stringent measures bothersome.
He sued (Petitioned) in the High Court against the Attorney General, arguing that the Bond conditions were unreasonable and an infringement on his freedom of movement. He also contended that he was arrested over a year ago but never presented to Court. He claimed that he suffered business loses and reputational damage due to the unreasonable bond conditions set by DEC.
On the other hand, DEC rebutted saying they delayed to take the matter to Court because they had engaged in some negotiations with him to settle the matter outside Court.
Having heard both sides, the Court ruled that the Police Bond conditions imposed were unreasonable and unconstitutional especially those requiring him to report to DEC when he wanted to travel.
“I hereby declare that the requirement by the Respondent for the Petitioner to seek authorization to leave the jurisdiction and report his return to the Respondent is unreasonable…” the Court ruled.
“I further declare that the Respondents seizure of the Petitioners passport was unreasonable…” the Court said, adding that this claim was academic as the passport had already been given back to him.
The High Court Judge noted that the Court system is congested in Zambia with backlog cases but believe that the delay to take the Accused to Court after 13 months of arrest is inordinate delay.
“The Petitioner must be presented before a Court of competent authority to answer for the charges laid against him,” the Judge said.
“I Order that this be done within 120 days from date of this Order,” she said, adding that those released on police bond must be brought to Court within reasonable time.
On damages for loss of business, the Judge declined to award any saying Kamanga did not prove or show any loss.
“The Petitioner has failed/neglected to prove his claims on general damages and what reputational injury he has suffered,” the Judge ruled, adding that losses must be specifically stated to succeed.
Case citation – Andrew Kamanga v Attorney General – 2025/HP/0233 and Judgment delivered last week on 17th June 2025.
Lecture Notes;
- Under the law (CPC), when one is arrested and charged wit( an offence, he is supposed to be taken to Court within 24 hours or be given Police Bond. However, when one is given Bond, there is no legal timeline in which one is supposed to be taken to Court. So, this Judgment is good reminder to DEC, ACC and Police that they should take accused persons quickly to Court.
- Once you are arrested and charged, you ought to be presented to Court. The Police cannot drop the charges unless through the Court process. But in most instances, Police arrest and charge someone and then grants him bond. But then forgets about him and never present him to Court, which is illegal.
- It will be interesting to see what will happen if after 120 days, he is not taken to Court. Will the charges be dropped? Will DEC be cited Contempt? It will be very interesting to watch space.