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HH bid dismissed as abuse of court process

PRISCILLA CHIPULU, Lusaka
THE Lusaka High Court has dismissed an application by United Party for National Development (UPND) president Hakainde Hichilema and five others to quash

their treason charge.
And a Lusaka magistrates’ court has ordered that Hichilema and his co-accused be remanded at Lusaka Central Prison (Chimbokaila) to enable them to attend the court proceedings.
High Court judge Betty Mung’omba dismissed the application by Hichilema, Hamaleka Hamuchinde, Hachinda Muleya, Laston Mulilanduba, Pretorius Haloba and Wallace Chakawa yesterday because a similar litigation is before the Constitutional Court.
Ms Mung’omba said the request was an abuse of court processes and multiplicity of actions.
Justice Mung’omba has also rejected an application by the State to stay the proceedings as the matter has been dismissed wholly.
“I therefore find and hold that this amounts to multiplicity of action, which is undesirable,” Ms Justice Mung’omba said.
Justice Mung’omba also said she saw no reason to stay proceedings, saying petitioners will have their own day in the Constitution Court.
And a Lusaka magistrates’ court has ordered that the accused persons be remanded at Lusaka Central Prison (Chimbokaila) to enable them to attend the court proceedings.
The court has also ordered the Zambia Correctional Service (ZCS) and all relevant persons concerned with the detention and transportation of Hakainde Hichilema and his co-accused, who have been charged with treason, to make necessary arrangements for them to be brought before the court on Monday.
Magistrate Irene Wishimanga said the six accused will be required to attend the proceedings from day to day until the proceedings before her are disposed of and finally determined.
Ms Wishimanga said she made the orders after studying the application by the complainants.
“It is hereby ordered and directed that the Commissioner of Prisons, the officer-in-charge of Mukobeko Maximum Prison, the officer-in- charge of Lusaka Central Prison and all relevant persons concerned with the detention and transportation of the complainants make necessary arrangements for the complainants to be brought before this court for the aforementioned purposes on 19th June,” she said.
This is in a matter in which Minister of Guidance and Religious Affairs Godfridah Sumaili has been summoned to appear before the Lusaka magistrates’ court on June 19, 2017 to answer contempt of court allegations.
This follows a complaint filed by Hichilema, who asked the court to cite Reverend Sumaili for contempt of court over the statement attributed to her that he had pushed President Lungu to the wall by not recognising him as the President of Zambia.
In another court, a matter in which Mutinta M’membe is charged with obstructing court officers has been adjourned to July 13 this year.
Details are that on February 15, 2017, Mutinta willfully obstructed or resisted Japhet Mulenga from lawfully executing a search warrant of the magistrate court.

 

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