Africa-Press – Zambia. PRESIDENT Hakainde Hichilema has dropped the law suit against the State before the Lusaka High Court in which he was demanding compensation for false imprisonment on allegations that he committed treason together with his aides.
The Head of State has rescinded his decision to have the proceedings in relation to his claims adjourned sine die and later prosecute his case when he leaves office, but instead proposed that it be terminated.
This is according to a consent entered into between President Hichilema’s lawyer Zevyanji Sinkala of Messrs ZS Legal Practitioners, on his behalf and the office of the Attorney General.
“By consent of the parties through their respective advocates it is hereby by ordered that: the application for an order to stay proceedings in respect of President Hichilema filed into Court on January 7, 2022 be and is hereby withdrawn; President Hichilema wholly discontinues of this action against the State and each party shall bear its own costs,” read the consent order signed by judge Pixie Yangailo.
In 2017, President Hichilema who was in opposition then and five of his employees were accused of endangering the life of his predecessor Edgar Lungu when his convoy allegedly failed to give way to the presidential motorcade on the Mongu-Limulunga road during the Kuomboka traditional ceremony which was held in April the same year.
President Hichilema, Hamusonde Hamaleka, Pretorius Haloba, Wallace Chakawa, Laston Mulilanduba and Muleya Hachinda were seeking an order that the Lusaka High Court compels the State to award them damages equivalent in value to the money and personal belongings lost when they were apprehended at Community House in new Kasama.
President Hichilema was personally seeking remuneration for the money he lost and property that was looted, damaged and destroyed at his home five years ago during the unlawful operation to arrest him on April 10 and 11, 2017.
The Head of State contended that the police officers, notable among them Mpazi Mbita, Arthur Shonga, Martin Musambachime and Aubrey Hamwene who raided his home without a warrant and justification, extensively damaged and destroyed various fixtures, fittings and furniture.
He said the police officers ransacked his house and stole his money, food, clothes, beddings and other household items in disregard of the law, his dignity and that of the family. President Hichilema had contended that some police officers wantonly defecated and urinated on his beddings in his house.
President Hichilema and others said their prosecution and the unsanitary and inhuman conditions they were subjected to during their detention subjected them to humiliation and disgrace as well as brought them into ridicule and contempt both in Zambia and internationally.
The plaintiffs said particulars of malice were that the treason charge lacked overt acts as it was not thoroughly investigated. They stated that the admission by the State that the charge of treason was bad at law while insisting to prosecute them was malicious, an abuse of the criminal justice process and injurious on their dignity.
However, the State by way of consent has undertaken to compensate the President’s employees for malicious prosecution and the matter is pending assessment of the damages to be awarded before a registrar of the High Court.
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