Stay proceedings till I vacate office, HH asks Court
By GRACE CHAILE LESOETSA
PRESIDENT Hakainde Hichilema has applied to the Lusaka High Court to stay proceedings until he vacates office, in a matter where he sued the State claiming compensation for the damage allegedly caused to his property during the arrest for treason charges in 2017.
This is on the basis that the President has no legal capacity to sue or to be sued in accordance with Article 98(2) of the Republican constitution.
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.
He also seeks damages for loss of use of motor vehicles, being Toyota Hilux ALZ 2757 and ALZ 2710 for the periods of 34 and 33 days respectively during which they were under the custody of the State.
Mr Hichilema and his party members namely Mr Hamusonde Hamaleka (accountant), Mr Pretorius Haloba (farmer), Mr Wallace Chakawa (farmer), Mr Laston Mulilanduba (businessman) and Mr Muleya Hachinda (businessman) sued the State citing the Attorney General as the defendant in the matter.
According to an application filed in the Lusaka High Court, Mr Hichilema’s lawyer Zevyanji Sinkala of Messrs ZS Legal Practitioner stated that the Head of State cannot pursue the matter against the State pursuant to the provisions of Article 98(2) of the constitution as he is holding office.
“That the first plaintiff is however desirous of pursuing these proceedings against the defendant soon after vacating the office of President. That the pleadings in respect of the claims by the first plaintiff are separate and distinct and as such capable of being tried separately,” he stated.
He urged the Court to make an order for the President to be removed from the proceedings and that the State would not suffer any prejudice whatsoever and the interest of justice would be served.
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