United Prosperous and Peaceful Zambia (UPPZ) president Charles Chanda has asked the Lusaka High Court to grant him leave to issue a writ of habeas corpus ad-subjiciendum, compelling Zambia Police Service to present him in court.
Chanda and his daughter were arrested over a week ago at the Lusaka Magistrates’ Court after they appeared in court for allegedly swindling 134 people out of millions of Kwacha on pretex that they had land for sale when not.
Chanda, who has cited the Attorney General and Inspector General of Police Kakoma Kanganja as respondents, now wants the Police to explain before the court of law why he should not be released for lack of evidence after languishing in police cells for more than 48 hours.
In an affidavit in support of ex-parte originating summons for leave to issue writ of habeas corpus ad- subjiciendum filed in the Lusaka High Court, October 14, Chanda who is represented by Nicholas Chanda and Associates, stated that on October 8, this year, he was arrested and immediately detained at the door of Court number five of the Lusaka Magistrates’ Complex.
He added that this was when he was making exit going home.
Chanda stated that he was surrounded by paramilitary and civil but armed officers who manhandled him and threw him in a military van and whisked him away to Lusaka Division Headquarters.
He stated that upon arrival at the police, there was no single officer who interviewed him or took a Warn and Caution statement from him.
Chanda stated that upon spending four days in the police cells, however, they finally recorded a Warn and Caution statement from him which indictment has 195 counts of offences of obtaining money by false pretences.
He further stated that he was under the mistaken belief that he would be released on police bond but however, it was turned out that some “hidden powers or forces” had made his release difficult and as such he had continued languishing in police custody.
“This is now eight days without making me available to appear before the courts of law, which period of time in detention has raised the legal requirement which requires to present me before the courts of law within 48 hours,” stated Chanda.
“I crave the court’s indulgence to grant me leave to issue a writ of habeas corpus ad-subjuciedum to compel the State agent namely Zambia Police Service to bring my body from the cells and make presentation before the court of law and explain the reason why I should not be released for lack of evidence.”