The Choma Magistrate has granted bail to the five accused of abducting Pheluna and Milton Hatembo.
The accused persons; wife to Chief Mukuni, Veronica Mukuni, Choma and Mazabuka Mayors; Javen Simoloka and Vincent Lilanda, and Choma business man Fines Malambo and former Local Government Minister Ackson Sejani.
The court set K10,000 cash bail to each accused person and two working surety.
And just before this action, the Livingstone High Court sitting in Mazabuka had granted Ackson Sejani and three others Harbeas Corpus following their unlawful detention by police.
In granting the Harbeas Corpus,High Court Judge Kenneth Mulife said the the state breached section 33 of Cap 88 of the laws of Zambia and therefore finds the detention illegal and unlawful.
He, on the authority of order 54,Rule 4 of the white book of the Supreme Court directed for the immediate release of the applicants from detention.
The decision of the High Court was communicated to the media by the applicant’s lawyer Clement Andeleki of A Mbambara and Associates who expressed satisfaction with the decision.
The accused were however at the time of the High Court ruling before the Choma Magistrate Court where they were taking plea on a charge of abduction contrary to the Penal Code.
The decision of the state to bring the accused before court was to avoid being compelled by the High Court and thus renders the ruling an academic exercise.
In principle the Zambian legal system is sound and works well. There are a lot of good judges, as this case has proven, when it kills off PF horrible attempt to silence critics. Pity some judges are in PF’s pocket!
The beginning of crumbling of this ill-conceived case.
If govt changes in August 2021, some people could become refugees.
Chief Mukuni’s wife is such a beauty!
And some fooooool is there in State House saying he has given the IG 6 months to reform the police; this is why press conferences are important so that one articulates what they saying…here you can see blatant abuse of authority by the police. For those who just comment cluelessly a writ of habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person’s imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent who holds the defendant in custody. How can you hold someone for abducting someone when there is no abductee…you need a water -tight case if you are going to hold a wife of a Chief.
Police again will be left with the blame whilst the Politicians will be hiding ….using them to blackmail…
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Mayo Mpapa- If Lazy Lungu continues this is a snapshot of what’s to come more unlawful detentions using State Police.
Mukuni has a very handsome wlfe. Kwati ni caster semenye. Anyway, let these face the fair law. Only the law enforcers will determine their fate.i don’t want to comment on a very serious ongoing matter to avoid prejuding it. As an influential man, things i say have strong influences. I will end there
Save for a few good judicial officers, most of the judiciary is rotten to the core.
Even the supreme court and concourt are filled with PF party cadre judges.
It a sad state of affairs. The judiciary needs to be overhauled.
Kainyokolola Zulu please uleke nzelu za tombolilo kach.ikala iwe!
Chi Kaizar kuti chakusekesha….ati Semenya..kikikiki….kikikiki….kikikiki@@@@@kikikiki@@@.
Kaizar…. do not play with royalty and start annoying the chief. Do you want to join Stephen?
bail and Habeas corpus are 2 different things
MOST THINGS IN ZAMBIA ARE ROTTEN TO THE CORE
BUT IT WILL CHANGE >>> IT HAS TO
ECL is discrediting himself by using this finished Politician, Jezebel Nawakwi to incriminate HH in these fake abductions. ECL’s obsession in removing HH’s Name from the Ballot Paper at all costs will be his downfall. Instead of persuing these fake abductions ECL should respect the Republican Constitution and allow Concourt to impartially deal with his Third Term Eligibility issue. ECL held Office from 2015 to 2016 for 18months and in terms of the 1996 Constitution that was his first Term in Office. RB held Office for less than 3 years in 2008 to 2011. RB is enjoying his Pension Benefits becoz he is deemed to have served One Term as President. It follows therefore that ECL has held Office twice,was elected and sworn in twice and cannot stand for a Third Term in 2021. ECL should…
If this case goes in nolle prosequi then we have to know that our system is just there
To frustrate opposition and wasting time for
Judiciary .Let it not end in a time waster.
where there is law there is order…they are on bail let them go clean up their act…on habeus corpus…this is not an application to release the accused its an order for the police to bring the accused to court…..but as we have said do not fight battles you do not understand…if hh owes he can pay if not he will walk free
I am just wondering who is who in this case. …
If HH is clean , why he should be the one to be in the fore front pushing the HATEMBOs to appeal so that the case can be dealt with in his favour.
If he is being accused falsely he will be released and he will be a free man. But if someone is shielding the Hatembos from appealing , then Kaya mwe.
Detaining people in Police Cells for 32 days without trial is unlawful and illegal. They have the right to stand trial and be heard. Suppose they are proven to be innocent, will the State compensate them for the 32 days? Are these not the kind of inhuman acts that our forefathers were subjected to under our colonial Masters? Animal Farm nafuti, nafuti.
@ Kapwepwe, they spelled habeas wrong too.
,,,perhaps, “harbeas” is the same as bail?
I can see the case losing a lot of money over this case. There will be compensation for illegal detention as well as for false arrest and detention. And all this will be footed by taxpayers. This time let Nawakwi foot the bill as we are tired of always,paying for other people’s personal agendas.
President Lungu, and this time HH are not the irrational culprits. Trust Lusaka Times PF and UPND cadres to add nothing to a discussion as always. This is a matter in which some movie abductions have happened kikiki.
Don’t be f00lish what is wrong with veronica mukuni looking like castor semenye. She is handsome in God’s image.
Let Us go and cast our votes wisely we are not fools, Zambia is for us all not for selfish leaders.
Ya true coz Writ of habeas corpus has to play a very important role and its there in civics if an accused person is still detained in prison for 14 days without taken to court Writ of habeas corpus has to come in because the state has breached the Law.
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