Detained Socialist Party leader, M’membe, seeks High Court intervention for release

Socialist Party (SP) president, Dr. Fred M’membe, has appealed to the High Court for leave to issue a Writ of Habeas Corpus, demanding that the Zambia Police Service should justify his continued detention at Ibex Police Station in Lusaka on charges of seditious practices.

M’membe’s application, filed 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, challenged the legality of his prolonged detention without police bond and without being brought before a court.

In his plea to the court, M’membe recounted that on July 23, 2024, he received a Service Notice from the police, summoning him to appear at Westwood Police Station on July 26, 2024, for an interview.

He was out of the country at the time and informed the Zambia Police Service Headquarters of his unavailability.

Consequently, the interview was rescheduled to August 8, 2024, at Twin Palm Police Station.

“When I reported at Twin Palm Police Station on August 8, 2024, I was arrested and detained at about 10:35 hours for the offence of seditious practices, for which I believe I should have been granted a police bond,” M’membe stated.

Despite fulfilling the conditions for bond, M’membe had remained in custody, with no appearance in court.

He argued that his continued detention, exceeding the time limits prescribed by law, was a grave violation of his fundamental rights and posed a risk to his health.

“My detention is illegal, unlawful and a contravention of my freedom as enshrined in the Constitution of the Republic of Zambia,” M’membe asserted.

He expressed hope that the High Court would grant his request for a Writ of Habeas Corpus, compelling the police to explain why he should not be released immediately.

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