High Court reserves ruling in HH’s “unlawful arrest” case

UPND leader Hakainde Hichilema waves at his supporters at Court before taken back to Lusaka Central Prison-Picture by Tenson Mkhala

The Lusaka High Court has reserved ruling to Friday in a matter in which the state asked it to stay Hakainde Hichilema’s petition over his unlawful arrest saying he was abusing the court process.

Last week, HH filed two separate petitions in the High Court and ConCourt asking them to strike off provisions of the law which bar courts from granting bail to suspects charged with murder, treason, aggravated robbery and other capital offenses.

HH is also seeking monetary compensation for unlawful arrest in the High Court.

HH and his co-accused; 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.

But when the matter came up for hearing in chambers today, the Attorney General, through Chief State Advocate Joel Simachela from the Attorney General’s chambers applied to stay proceedings in the High Court due to duplicity of a similar matter filed in the Constitutional Court and abuse of the court process.

High court Betty Mug’omba then reserved the ruling to June 16.

Hichilema was arrested on April 11 for allegedly blocking the presidential motorcade in Mongu during the Kuomboka ceremony and plotting to declare himself Head of State at the same event.

         

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