UPND president Hakainde Hichilema has opposed an application by the Zambia Correctional Service to return him to Mukobeko Maximum Prison.
On Friday, Lusaka Central Prison officer in charge Patrick Ngonga asked the Lusaka Magistrates’ Court to transfer HH to citing security reasons.
In an affidavit filed before the Lusaka Magistrates’ Court with a certificate of urgency Ngonga told the court that the correctional facility would always avail HH to court when needed no matter the location at which he was held.
“That I wish to apply to this honorable court to vary its order to the effect that the complainants should be availed before the court as and when they are required to attend to the proceedings and not to be remanded at Lusaka Central Facility on the reasons to be given in subsequent paragraphs. That the Correctional Serives Authority are the best suited to determine which correctional facility an accused person is to be lodged. That the complainants are remaded as accused persons by the Correctional Services Authority and are appearing in their capacity as complainants and witnesses respectively before this court. That the Lusaka Central Correctional Facility is not as secure as Mukobeko Maximum Correctional Facility due to its location,” swore Ngonga.
But HH, through his lawyer Vincent Malambo, wants the court to dismiss the prisons request arguing that it does not have the locus standi to move the court in line with the provisions of the Constitution and state proceedings act.
Malambo also wants the court to determine whether or not the application for variation of order is defective for not citing the provisions pursuant to which the application has been made.
Malambo intends to raise these preliminary issues on July 12, 2017 when the matter comes up before magistrate Ireen Wishimanga.