THE state should bring Shebby Chilekwa to court for the Habeas Corpus hearing because that is what the law demands and the order was given before he was charged in Kaoma, his lawyers have told the Lusaka High Court.
And Lusaka High Court Judge Mwape Bowa will today give his ruling on the State’s application to stay the execution of the order to have former President Edgar Lungu’s barber, Chilekwa, taken to University Teaching Hospital for medical attention.
Judge Bowa is also expected to rule on Chilekwa’s application for habeas corpus.
Chilekwa was on Monday charged with other unknown persons for the alleged murder of a UPND cadre, Mr Lawrence Banda on October 6, 2016, in Kaoma.
At the hearing of the two applications before Judge Bowa yesterday, the State opposed the application for habeas corpus stating that it would be an academic exercise as Chilekwa had appeared in the Kaoma Subordinate Court for explanation of the charge and for that reason it would be costly for them to bring him before the High Court.
The State also argued that Chilekwa had already received medical attention at Kaoma General Hospital.
But Chilekwa’s lawyers, Makebi Zulu Advocates argued that where there is an order of court, the State should first obey the order.
The applicant’s advocates, who include Mr Jonas Zimba contended that there had been clear disobedience of the order by the State because the court should have sight of Chilekwa .
Mr Zimba stated that the order was clear that their client should receive medical attention at UTH in the presence of his lawyers and not at Kaoma General Hospital.
