Release Mukandila, demands Lusaka lawyer

By BARNABAS ZULU LUSAKA lawyer Deeleslie Mondoka has demanded the immediate release of Tonse Pamodzi Alliance secretary general Celestine Mukandila, arguing that the constitutional bail granted to him means he should no longer remain in State custody. Mr Mondoka said the authorities could not defeat Mukandila’s constitutional rights by transferring him from one State institution to another after the Lusaka High Court had granted him constitutional bail. His comments come after reports that Mukandila, who was arrested by the Department of Immigration on August 20 over issues surrounding his immigration status, was subsequently handed over to the Police. The High Court on Friday ordered the State to present Mukandila before court after granting him leave to commence habeas corpus proceedings over his continued detention. Mr Mondoka said the fact that Immigration had released Mukandila should mean that he was free to leave custody, rather than being handed over to another State institution. “Immigration has permanently released him, but has handed him over to the Police. How can somebody be released and remain in custody?” Mr Mondoka asked. He said the State should not be allowed to move a detainee between institutions in an attempt to circumvent constitutional safeguards protecting personal liberty. Mr Mondoka said constitutional bail was intended to protect an accused person’s liberty where the State had failed to bring the person before court within the constitutionally required period. “Bail does not mean that the man has been declared innocent. It means the State has failed to justify continuing to keep him behind bars,” he said. He said the issue was particularly important because Government institutions were required to operate within the law regardless of the identity or political affiliation of the person involved. Mr Mondoka said public institutions should not become places where officials could determine how the law applied depending on circumstances. “The State may change uniforms, offices and vehicles, but it cannot change the Constitution,” he said.

Longwe threatens to sue Chief Justice

Chester, Felix, IDC finally granted bail

ZNBC journalist Mukuka released from police c...

We’re looking into accusation of misconduct a...

Independent candidates free to file nominatio...