Tue, 13 Jun 2017 13:27:30 +0000
By CHIKUMBI KATEBE
THE Lusaka High Court has reserved ruling in which UPND president Hakainde Hichilema has filed two separate petitions in the High Court and Constitutional Court against his treason charge.
In a hearing that came up yesterday before High Court Justice Betty Mung’omba, the State applied to stay the proceedings before the lower court accusing the opposition of duplicating cases when they filed a similar petition before the Constitutional Court.
Chief State Advocate Joe Simachela filed a notice of motion to substitute the respondent and to set aside the proceedings for duplicity and abuse of court process against the Constitutional Court rules of 2016.
In his affidavit in support of the motion, Mr Simachela argued that the facts and reliefs being sought were of similar nature, and that “the State has since applied to stay the said High Court proceedings pending the determination of the present application,” he said.
On the motion to substitute the respondent, Mr Simachela submitted that the where the Government of the Republic of Zambia was sued, the Attorney General was always the respondent in such matters.
He argued that the proper party to the matter was the Attorney General and not the Government of the Republic of Zambia.
Last week, the incarcerated opposition UPND president together with his five co-accused petitioned the Lusaka High Court and the Constitutional Court respectively over their alleged illegal arrest and charge.
In a petition filed before the High Court, Mr Hichilema together with Hamusonde Hamaleka, Meleya Hachinda, Mulilanduba Laston, Haloba Pretorius and Chakawa Wallace argued that there were no facts or grounds on which reasonable suspicion could be relied upon for the charge.
Their lawyer, John Sangwa SC, applied that contrary to the Bill of Rights, his clients’rights were being violated under section 123 (1) of the criminal code of conduct for the protection of their fundamental rights regulation on 1969.
In the petition, the opposition leader has insisted his motorcade complied to police signal and gave way to President Edgar Lungu’s motorcade, on which the State have built their charge following an incident along the road to Limulunga for the main highlight of the Kuomboka Ceremony.
The Subordinate Court earlier committed the matter for trial before the High Court but the petitioners have argued that there was no convincing evidence as required under the law for the matter to be sent for trial when facts have not been laid out.
Mr Hichilema among the reliefs sought included a declaration by the High Court that the incarceration was illegal as it was against their rights under the criminal procedure code chapter 88, and that before the Constitutional Court, they applied for monetary compensation for the unlawful arrest according to provisions of article 13(4) of the Zambian Constitution.
