STATE TO PAY UPND CADRES K32M AS COMPENSATION

By GRACE CHAILE

THE State has consented to a judgement that the five UPND members who were arrested together with President Hakainde Hichilema for treason in 2017 be compensated a total sum of K32 million

Attorney General, Mulilo Kabesha has consented to an order which would see each of the appellants receive K6.4 million. The order has since been filed in the Lusaka High Court and dated August 14, 2023 signed by both the State and the appellants.

High Court Judge Pixie Yangailo is yet to endorse the consent order.

The five include Wallace Chakawa, President Hichilema’s senior Private Secretary, Mr Hamusonde Hamaleka, Mr Pretorius Haloba, Mr Laston Mulilanduba and Mr Muleya Hachinda.

“By consent of the parties through their respective advocates, it is hereby ordered as follows; That the 2nd, 3rd, 4th, 5th and 6th plaintiffs will receive a payment of K6, 400,000.00 each, as full and final settlement of all their claims in this matter and that the defendant shall pay the sum of K1, 000, 000.00 as costs,” read the consent order.

The plaintiffs are represented by ZS Legal Practitioners

In this matter, Mr Hichilema (then as opposition leader) and five others, in May of 2021, commenced the action in the Lusaka High Court that it orders the State to pay compensatory damages equivalent in value to monies lost and the property that was looted, damaged and destroyed at his home during what he termed as an unlawful operation to arrest him on charges of treason carried out on April 10 and 11 in 2017.

The five were claiming damages for malicious prosecution, unlawful detention, false imprisonment, torture among other claims. They alleged that their arrest, detention and subsequent prosecution was without justifiable cause and that it was malicious.

Last year, Mr Hichilema however discontinued the matter on the basis that the President has no legal capacity to sue or to be sued under Article 98(2) of the Republican Constitution.

And another group of nine UPND members have filed a lawsuit in the same court demanding damages for assault and false imprisonment. 

The complainants are also claiming aggravated and exemplary damages for malicious prosecution.

The nine include Robby Mukamba, Funwell Hasulwe, Brian Malambo, Trywell Chipuka, Sikendo, Wills Moonga, Joseph Miyoba, Innocent Chipuka and Clement Mayambu.

The plaintiffs stated they were on December 15, 2016, arrested without reasonable cause by Zambia Police Service and later charged for the offence of riotous behaviour.

“The plaintiffs were assaulted and detained for eight days from December 16 to 23, at Garden Police Post and subsequently at Kamwala Police Post.

They alleged the prosecution lasted from December 15, 2016 to October 1, 2018 before the Lusaka Magistrate Court.

Mukamba and others said the matter was withdrawn after the prosecution failed to call witnesses.

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