High Court struck out HH’s malicious prosecution case

By GRACE CHAILE LESOETSA
HIGH Court Judge, Mathew Zulu, has struck out from the active cause list, the matter in which President Hakainde Hichilema sued the State, claiming damages for malicious prosecution in a case where he was acquitted of treason charges in 2017.
According to an order dated December 15, 2021, Mr Justice Zulu dismissed the matter with liberty to restore within 30 days after Mr Hichilema again failed to appear before court.
“Matter was coming up for scheduling conference after adjournment on account of the party at the last sitting on 9th December, 2021. However, again despite the notices having being served on the parties, the plaintiff is not before court and no reasons have been advanced for their absence,” the court said.
“Accordingly, I strike out the action from the active cause list with liberty to restore within 30 days from this order, failure to which matter shall stand dismissed,” read the order.
Mr Hichilema, then as UPND opposition leader, commenced the action in May 2021, seeking an order that all known police officers that conducted themselves in an unprofessional manner during the operation to arrest him and subsequently during his arrest and prosecution, be surcharged.
He wants the Lusaka High Court to order the State to pay him damages for malicious, including aggravated and exemplary damages, in respect of the charge of use of insulting language for which he was prosecuted.
He also wants any amount found due to him.
Mr Hichilema cited Attorney General as the respondent in the case.
In a statement of claim filed, Mr Hichilema states that on April 10, 2017 at around 20:00 and 21:30 hours several Zambia Police officers wrongfully and forcefully gained entry of his home without consent, warrant, reasonable and probable cause in an operation to arrest him which lasted until the next day.
He named the officers as Martin Musambachime, Arthur Shonga, Mpazi Mubita and Aubrey Hamwene.
Mr Hichilema stated that the unlawful raid conducted at his home during the operation and the brutal and spiteful conduct of the police officers including their acts of looting, damaging of his property was malicious.