Tue, 27 Jun 2017 11:56:01 +0000
…as State applies for order to move him back to Mukobeko
By CHIKUMBI KATEBE and
ANNIE ZULU
INCARCERATED UPND president Hakainde Hichilema has applied to the Constitutional Court that his petition over the treason charge should be heard in the High Court where it was thrown out last week.
Lusaka High Court Justice Betty Mung’omba threw out a petition on point of duplicity of cases when the petitioner filed two separate cases before the High Court and the Constitutional Court respectively over his treason charge.
According to an affidavit filed by Mr Hichilema’s lawyer, John Sangwa SC, it has been argued that the two cases were filed on two different provisions of the law, hence rendering them to be tried independent of each other.
“On 5th June, 2017, I caused to be taken out on behalf of the petitioners two petitions against the Republic of Zambia: one in this Court pursuant to the provisions of Article 128 of the Constitutional of Zambia, and the other before the High Court for Zambia pursuant to the provisions of Article 28 of the Constitution of Zambia,” he said.
He explained that the documents were duly served on the Attorney General who in turn applied for the motion before the High Court to be stayed pending hearing and determination of the matter before the Constitutional Court, as he requested the higher court to dismiss the petition.
He submitted that the ruling of the High Court effectively extinguished the basis of the Attorney General’s application before the Constitutional Court.
The Constitutional Court has since set 6th July, 2017 as date for hearing of the application to re-open the petition.
Meanwhile, the State has applied to take UPND leader Hakainde Hichilema and his five co-accused back to Mukobeko Maximum Prison saying it is for their own safety.
In an affidavit filed before the Lusaka Magistrates’ Court with a certificate of urgency on Friday, Lusaka Central Prison Officer in Charge Patrick 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 honourable 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 Services Authority are the best suited to determine which correctional facility an accused person is to be lodged. That the complainants are remanded 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.
“That Mukobeko Maximum Correctional Facility is the only maximum correctional facility in Zambia. That for the reasons within the mandate of the Correctional Services Authority, the complainants are better kept at Muobeko Maximum Facility for their own and other remanded safety and humane custody. That further, the Correctional Services Authority has the capacity to avail the accused persons to court as and when the court so directs from any location within the country,” Mr Ngonga swore.
Magistrate Ireen Wishimanga will hear the application tomorrow.
