ATTORNEY General Likando Kalaluka says there is no illegality in police maintaining their presence at Dr Fred M’membe’s house.
In this case, Dr M’membe and wife Mutinta are challenging the continued presence of police officers at their residence on Nangwenya road in Lusaka’s Rhodes Park area.
Opposition to M’membe’s application for judicial review, Kalaluka who is the respondent in this matter submitted before Lusaka High Court judge Susan Wenjelani that state agents did not exceed their authority by taking occupation of the residence, adding that they were empowered under the Zambia Police Act 107.
Kalaluka submitted that the state suspected that the printing press at Dr M’membe’s residence belonged to the liquidated Post Newspaper.
“It is the state’s contention that the printing press found on the said premises is suspected to belong to the Post Newspaper (in liquidation). However, as the said printing is required to be disassembled hence the presence of the state agents,” he added.
Kalaluka stated further that it was a well-known fact to the applicants in this matter that any property that belonged to Post Newspapers Limited needed to be identified.
He submitted that it was not sufficient for Dr M’membe and wife to merely allege that the decision was made in bad faith without articulating facts to support that position.
Kalaluka has therefore asked the court to dismiss the matter on the basis of law and facts.
Dr M’membe and wife are expected to file in their reply on March 17 before the matter is heard on March 24.