M’MEMBE REQUESTS HIGH COURT TO ISSUE WRIT OF HABEAS CORPUS FOLLOWING INDEFINITE DETENTION ON BONDABLE CHARGE
Lusaka… Monday, August 12, 2024
Socialist Party (SP) President Fred M’membe has requested the High Court to grant him leave to issue a Writ of Habeas Corpus.
The Writ would direct the Zambia Police Service to show cause why he should not be released immediately.
This follows his prolonged detention at Ibex Police Station in Lusaka on a charge of seditious practices.
This is in a matter between Fred M’membe and the Attorney General, under the Rules of the Supreme Court of England 1965, Articles 13 and 18 of the Constitution of Zambia Act, Chapter 1 of the Laws of Zambia as amended by Act No. 18 of 1996, and Section 33 of the Criminal Procedure Code, Chapter 88 of the Laws of Zambia.
Dr M’membe has asked the High Court to intervene in his prolonged detention without police bond and appearance in court on a bondable offence, through an application for leave to issue a Writ of Habeas Corpus.
The Opposition Leader stated that on the 23rd day of July 2024, the Zambia Police Service Headquarters issued a ‘Zambia Police Service Notice to the Employer’ summoning him to appear at the Westwood Police Station on the 26th day of July 2024, at 10:00 hours for what was termed as an interview.
Dr M’membe said he was out of the country at the time and informed the Zambia Police Service Headquarters of his unavailability.
He revealed that police acknowledged receipt and rescheduled the interview to the 8th of August 2024 at 10:00 hours and changed the location to Twin Palm Police Station.
He explained that when he reported at Twin Palm Police Station on the 8th of August 2024, he was arrested and detained at about 10:35 hours for the offence of seditious practices, for which, he believes, he should have been given a Police Bond.
Dr M’membe noted that despite fulfilling the conditions for the bond, he has been refused release.
He believes that his continued detention without being taken before a court beyond the time stipulated by law gravely violates his fundamental rights and jeopardizes his health.
The SP President feels that his detention is illegal, unlawful, and a contravention of his freedom as enshrined in the Constitution of the Republic of Zambia.
Dr M’membe prayed that the Court grant him leave to issue a Writ of Habeas Corpus, directing the respondents to show cause why he should not be released immediately.
credit: socialist media team
