LUSAKA High Court judge Pixie Yangailo has set April 14, 2022, as a date for hearing an application in which President Hakainde Hichilema wants the court to stay proceedings in a matter in which he and five others sued the State seeking compensation for unlawful prosecution.
In this matter, President Hichilema, Hamusonde Hamaleka, Pretorius Haloba, Wallace Chakawa, Laston Mulilanduba and Muleya Hachinda sued the state 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.
However, President Hichilema asked the court to stay the proceedings and remove him from the matter as the first plaintiff.
He stated that he would pursue the matter when he vacates the Office of the President.
President Hichilema through his lawyer, Zevyanji Sinkala of Messrs ZS Practitioners, submitted that since he was now Head of State, he cannot pursue the lawsuit against the State.
“I very much believe that the first plaintiff [President Hichilema] cannot pursue this action against the defendant pursuant to provisions of Article 98 (2) of the Constitution of Zambia as he is holding the office of President of Zambia,” he stated.
Justice Yangailo has now set April 14, 2022, as a date on which to hear President Hichilema’s application for an order to stay the proceedings.
“Let all parties concerned attend before Justice Pixie Kasonde Yangailo in Chambers on 14th April 2022 soon thereafter as counsel for the plaintiffs may be heard in an application for an order to stay proceedings in respect of the first plaintiff for the reasons sufficiently set out in the affidavit in support herewith,” she stated.