By 
Attorney-General, Mulilo Kabesha, has denied allegations of violating the fundamental rights of Emmanuel Jay Banda, an Independent Member of Parliament for Petauke Central, during his transfer from a private hospital to Maina Soko Military Hospital after his abduction.
In June of this year, Banda filed a lawsuit against the Attorney-General, State House aides Levy Ngoma and Clayson Hamasaka, and UPND Deputy Youth Chairperson Trevor Mwiinde.
Banda accused them of abduction, torture and false imprisonment.
In his defense filed in the Lusaka High Court, Kabesha argued that Banda’s transfer was essential for his security and medical care, given his status as a person of significant interest to the state.
Kabesha asserted that the police had adhered to proper protocols during the transfer and had duly informed Banda of the reasons for his detention.
He emphasized that the actions taken were within the bounds of the law and were necessary to ensure Banda’s well-being and security.
The Attorney General denied any violation of Banda’s fundamental rights and freedoms, citing Article 11(a) of the Constitution, which outlines the protection of individual rights and liberties.
Kabesha also argued that Banda’s freedom of movement was not infringed upon, stating that this freedom was not absolute under Article 11(b) of the Constitution, particularly in situations where state security is involved.
Kabesha concluded his response by denying Banda’s entitlement to the reliefs he is seeking in his petition.
He urged the court to dismiss the petition with costs, arguing that the state had acted appropriately and within legal parameters.
The case remains pending before the Lusaka High Court as both parties await further proceedings.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments