By PERPETUAL SICHIKWENKWE -
THE State has asked the Constitutional Court to set aside a matter where United Party for National Development (UPND) leader Hakainde Hichilema and five others have applied for constitutional bail pending hearing of their treason charge, saying it is an abuse of the court process.
Chief State advocate in the Attorney General’s Chambers Joe Simachela also asked the Constitutional Court to substitute the Government of the Republic of Zambia, which has been cited as the respondent in the petition, with Attorney General Likando Kalaluka as he is the right person to be sued on behalf of the Government.
Mr Simachela argued that the petition should be set aside because it was a duplicity of another case as there was a similar matter filed before the High Court.
He asked the High Court to stay the proceedings before it, pending the determination of the outcome of the one before the Constitutional Court.
He stated in his notice of motion to substitute the respondent and to set aside the proceedings for duplicity and abuse of the court process that besides the filing of the petition, Mr Hichilema and five others also filed another petition in the High Court, cause number 2017/HP/0888 based on the same facts and substantially seeking the same remedies.
This is a matter where Mr Hichilema, his nephew Hamusonde Hamaleka, employee in charge of protocol Muleya Hachinda, a brother-in-law Laston Mulilanduba and his personal assistant Prestorious Haloba and Wallance Chakawa are seeking constitutional bail pending the determination of their treason charge.
Mr Hichilema and others are also seeking compensation from the Zambian Government for their alleged illegal detention emanating from the charge of treason, which is yet to be tried.