‘Irrational, unreasonable,’ party seeks judicial review of award of K1 million each to UPND members

Opposition Economic Front (EF) party has filed a lawsuit against the Attorney-General, Mulilo Kabesha, seeking judicial review of the decision to award 10 members of the ruling UPND K1 million each with backing evidence of the alleged false imprisonment and malicious prosecution claims.

In the consent judgement dated July 13, 2023, the Attorney-General agreed to compensate the 10 complainants a total sum of K10 million and further pay K700,000 for legal costs.

The plaintiffs claimed they were falsely imprisoned and maliciously prosecuted on allegations that they were behind the burning of City Market in Lusaka, 2017.

EF, led by Wynter Kabimba, has sought leave for judicial review in the Lusaka High Court describing the K10 million award as not only irrational, unreasonable but also an act of bad faith by the Attorney-General.

“That the money payable to the plaintiffs under the consent judgement come from the national treasury and therefore is public funds which the respondent is enjoined with a duty to safeguard as public officer.

“That the plaintiffs pleadings of torture and physical injuries are not supported by any documentary medical reports from any qualified medical doctors. That although the plaintiffs were placed in detention they were not prosecuted at all,” they contended.

This is in an affidavit verifying facts in support of ex-parte summons for leave to apply for judicial review sworn by party members Paul Chola and Womba Kayombo.

The duo argued that according to the record, Attorney-General did not enter appearance or file a defence to the action claiming lack of instructions and subsequently applied for leave to file memorandum of appearance and defence out of time.

They further contended that the cadres’ claim that they paid the sum of K550,000 in legal fees was not supported by any documentary evidence in their bundle of documents.

“That the record of the action at the high Court shows that the plaintiffs action did not go beyond the Judge’s orders for direction to attract the untaxed legal costs of K700,000 which the respondent consented to judgement,” they stated.

Chola and Kayombo have, therefore, pleaded with the High Court to grant them leave to commence judicial review proceedings against the State.

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