THE Lusaka High Court has allowed five UPND members to enter consent judgment with the state in a matter in which they are seeking damages for unlawful prosecution.
This is a matter in which the five, together with President Hakainde Hichilema as an opposition leader then, sued the State seeking compensation for unlawful prosecution.
They wanted the Lusaka High Court to compel the state to indemnify them damages equivalent in value to the money and personal belongings lost when they were apprehended at the Community House in New Kasama in 2017.
The six were falsely imprisoned on allegations that they committed treason when the President’s convoy allegedly failed to give way to his predecessor Edgar Lungu’s motorcade on the Mongu-Limulunga road in April 2017.
The five, Hamusonde Hamaleka, Pretorius Haloba, Wallace Chakawa, Laston Mulilanduba and Muleya Hachinda have however entered a consent judgement with the Attorney General who is the defendant in the matter.
According to the consent judgement, it was stated that “by consent of the parties through their respective advocates it is hereby adjudged as follows; that the defendant herein wholly admits liability in respect of the second, third, fourth, fifth and sixth plaintiffs and that the matter be and is hereby referred to the Deputy Registrar for assessment of damages for false imprisonment, damages for assault and battery, damages for malicious prosecution, compensatory damages equivalent in value to the monies and personal belongings the second to sixth plaintiffs lost when they were apprehended by the police officers at the home of the first plaintiff (President Hichilema),” read part of the consent signed by Judge Pixie Yangailo.
Judge Yangailo has since referred the case to the High Court deputy registrar for assessment of damages.