by Abraham Kalito on 22 Mar 2018by Sipilisiwe Ncube on 22 Mar 2018by Mukosha Funga on 22 Mar 2018by Nancy Moonga on 22 Mar 2018
- Goal Diggers
by Mirriam Chabala on 22 Mar 2018by Mirriam Chabala on 21 Mar 2018by Nancy Moonga on 21 Mar 2018by Zondiwe Mbewe on 21 Mar 2018
by Daniel Chansa on 22 Mar 2018by Zondiwe Mbewe on 21 Mar 2018by Zondiwe Mbewe on 19 Mar 2018by Diggers Reporter on 7 Mar 2018
- Editor's Choice
by Diggers Editor on 22 Mar 2018by Diggers Editor on 21 Mar 2018by Diggers Editor on 19 Mar 2018by Diggers Editor on 17 Mar 2018
by Felix Kashweka on 10 Mar 2018by Sipilisiwe Ncube on 2 Mar 2018by Felix Kashweka on 24 Feb 2018by Felix Kashweka on 24 Feb 2018
- Guest Diggers
HH petitions ConCourt to abolish “unbailable offences”By Mukosha Funga on 6 Jun 2017
UPND president Hakainde Hichilema and his five co-accused have petitioned the High Court and Constitutional Court asking them to sever provisions of the law which bar courts from granting bail to suspects charged with murder, treason, aggravated robbery and other capital offenses.
And HH is also seeking monetary compensation for unlawful arrest.
In separate petitions filed in the Lusaka High Court and ConCourt on Monday, HH, Hamusonde Hamaleka, Muleya Hachinda, Laston Mulilanduba, Pretorius Haloba and Wallace Chakawa asked both courts to strike off Section 183 (1) of the Criminal Procedure Code (CPC) which does not allow any court to grant bail to those charged with treason, aggravated robbery and other capital offenses.
“A declaration that Section 123 (1) of the Criminal Procedure Code, Chapter 88 of the Laws of Zambia to the extent which it denies any police officer, Subordinate Court, High Court or Supreme Court the power to decide whether to grant bail or not to any person charged with murder, treason or any other offense carrying a possible or mandatory capital penalty , misprision of treason or treason felony; aggravated robbery or theft of motor, if such a person has previously been convicted of theft of motor vehicle, is ultra-vires Articles 11 and 13 of the Constitution and hence null and void,” read the petition filed in the High Court.
And the Petitioners asked the ConCourt to order that they were at liberty to apply before the High Court for bail pending trial and that the High Court be at liberty to grant such bail if need be.
And HH asked the High Court to order the state to compensate him in monetary terms for unlawful arrest.
“An order quashing their arrest and continued arrest on grounds that: (a) There are no facts or grounds and there were no facts or grounds on which reasonable suspicion could be or could have been formed of the Petitioners having committed or about to commit an offence of treason as provided for in Section 43of the Penal Code, Chapter 87 of the laws of Zambia.
(i) Since their arrest, the Petitioners have not been given the reasons for their arrests as required by Article 13 (2) of the Constitution.
(ii) Since their arrest, the Petitioners have not been informed in detail the nature of the offense they are charged with as required by Article 18 (2)(b) of the Constitution.
(iii) Since their arrest, the Petitioners have never been given adequate time and facilities for the preparation of their respective defenses as required by Article (18)(2)(c) of the Constitution.
(a) Compensation (in monetary terms) for unlawful arrest pursuant to the provisions of Article 13 (4) of the Constitution of Zambia,” the Petitioners prayed.
Lusaka principal resident magistrate David Simusamba is tomorrow expected to commit the case to the High Court after the defense decided against seeking judicial review on the validity of the Certificate of Committal.
About Mukosha Funga
Mukosha Funga is a Zambian journalist interested in good governance and anti corruption reporting.
- Increase tax on beer instead of making people pay borehole tax – Mwashingwele - 22 Mar 2018
- Namugala tells Kapata not to blame social media for govt-caused misinformation - 22 Mar 2018
- Minister explains UTH power outage - 22 Mar 2018
- CBU lecturers abusing justice process – CSER - 21 Mar 2018
- Lusambo takes walk of shame, vows to die for Lungu - 21 Mar 2018
- Police arrest Kambwili, slap him with 37 counts of having money suspected to be proceeds of crime
- Kalaba distances himself from extravagant spending on Lungu's trips
- KBF is nothing but a mercenary in the eyes of the PF leadership
- Judge Musona finally views 'missing' Munali violence video
- Father kills son, daughter, before committing suicide
- HPCZ drags Lafarge to court for operating illegal clinic, dispensing expired drugs
- Speaker orders Kambwili to apologise for ‘maligning’ Kampyongo, Grandview
- Investigative journalism key to development – Foote
- Increase tax on beer instead of making people pay borehole tax – Mwashingwele
- UZi will enhance competition, lower cost of mobile services – CCPC
Subscribe for email alerts
Weekly Most Digged
ArchivesApr0 PostsMay0 PostsJun0 PostsJul0 PostsAug0 PostsSep0 PostsOct0 PostsNov0 PostsDec0 Posts
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
The News Diggers
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
+26-097-7708285, 095-3424603, 096-5815078
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend