HH’s Habeas Corpus application unnecessary-AG

Thu, 13 Apr 2017 09:09:09 +0000

By CHIKUMBI KATEBE

THERE is no need for the High Court to hear an application of habeas corpus by incarcerated UPND president Hakainde Hichilema when police have already charged him with treason, a non-bailable offence, says the Attorney General’s Chambers.

And High Court Justice Gertrude Chawatama has set Tuesday, 18th April, 2017 as date for ruling in the matter.

According to an affidavit in opposition of ex-parte notice of motion for writ of habeas corpus and subjiciendum sworn by Zambia Police Superintendent Mpazi Mbita, the application has been overtaken by events as the suspect has already been charged and would soon appear before the Court of Law.

The Attorney General said Mr Hichilema has been charged with four criminal offences among them treason and disobeying lawful orders.

“That in response to paragraphs 7 and 9 of the affidavit, the applicant has been charged with the offences of treason, disobedience to lawful orders, disobeying of statutory duty and use of insulting language.

“I verily believe that the application by the applicant has been overtaken by events as he has already been charged and will soon appear before court,” they said.

The opposition insists that the matter be allowed to proceed as their client had not yet been brought before court, and also applied for the court to determine validity of the charges against him.

This was after Mr Hichilema applied for Habeas Corpus on 11th April, 2017, when he alleged illegal, unlawful and unconstitutional incarceration following his arrest on the morning of 11th April, 2017.

Mr Hichilema was arrested on 11th April, 2017 after a police raid of his premises in connection to a fracas that happened in Mongu over the weekend, allegedly orchestrated by the UPND leader that deliberately endangered the life of Republican President Edgar Lungu.

But Mr Hichilema’s lawyer, Keith Mweemba has argued that his client’s detention was illegal, unconstitutional and without just, reasonable and probable cause.