Wed, 07 Jun 2017 11:01:04 +0000
By Chikumbi Katebe
INCARCERATED UPND president Hakainde Hichilema and his five co-accused in the treason case have petitioned the Lusaka High Court and the Constitutional Court respectively over their alleged illegal arrest and charge.
And Mr Hichilema insists his motorcade complied to police signal and gave way to President Edgar Lungu’s motorcade on the road to Limulunga, the main highlight of the Kuomboka ceremony last April.
In a petition filed before the High Court, Mr Hichilema together with Hamusonde Hamaleka, Meleya Hachinda, Mulilanduba Laston, Haloba Pretorius and Chakawa Wallace have argued that there were no facts or grounds on which reasonable suspicion could be relied upon to be termed as treason.
According to the documents filed by his lawyer, John Sangwa, SC, the petitioners have based their application on human rights jurisdiction under Section 123 (1) of the Criminal Code of Conduct chapter 88 of the laws of Zambia for the protection of the fundamental rights regulation of 1969.
“Since their arrest the petitioners have not been given reasons for their arrest as required by Article 13(2) of the Constitution.
“Since their arrest, the petitioners have not been informed in detail of the mature of the offence they are charged with as required by Article 18(2)(b) of the Constitution.
“Since their arrest, the petitioners have never been given adequate time and facilities for the preparation of their respective defences as required by Article 18(2)(c ) of the Constitution,” Mr Sangwa submitted.
The Lusaka Magistrate was set to commit the case for trial to the High Court for commencement of trial 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 bare to them.
Mr Hichilema has sought for a declaration that their incarceration was illegal as it was against their human rights under the Criminal Procedure Code chapter 88 which denies police or any court from subordinate, High Court and the Supreme Court powers to decide to grant bail or not any person charged with murder, treason or other serious charges as it was in contravention of Articles 11 and 13 of the Constitution.
They have since applied for monetary compensation for the unlawful arrest according to provisions of Article 13(4) of the Zambian Constitution.
And in the Constitutional Court, Mr Hachilema insists that in Limulunga, his motorcade complied with police signals to give way to the presidential motorcade on their way for the 2017 Kuomboka ceremony.
“On the 8th April 2017, whilst on the way to Limulunga the petitioners learnt that the motorcade of President Lungu was following the first petitioner’s convoy.
“The police officer in President Lungu’s convoy signaled the driver of the vehicle in which the first petitioner was to pave way for the President’s motorcade and the driver obliged,” Mr Hichilema submitted.
He argued that as provided for under the Constitution, any suspect was eligible for bail provided he secures sureties sufficient enough as required by the police or court as long as they were first offenders.
Mr Hichilemma has asked the Constitutional Court to set him and his co-accused free on bail pending trial and that “the High Court be at liberty to grant such bail if need be”.
