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Statistical clerk kicks against police detention, demands formal charges after arrest for alleged bicycle theft

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Paul Daka, a statistical clerk and stores officer at the Zambia Statistics Agency (ZSA), has filed for a writ of habeas corpus following his arrest for allegedly stealing bicycles from the agency.

Daka claimed that his continued detention without formal charges violated his constitutional rights to liberty and justice.

He had been held at Kabwata Police Station since September 16, 2024, asserting that the complainants in the case remained unknown and that the allegations against him were unfounded.

In his application, Daka highlighted that investigating officers, Mukelebai and Mutumba, have failed to provide clear details of the charges or any concrete evidence.

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Despite meeting the legal requirements for bail, his request for bond was denied.

“I have been detained for five days without any formal charge or issuance of a bond, despite providing all necessary sureties,” Daka stated.

He noted that police confirmed his fixed residence and legal representation, indicating he was not a flight risk.

Daka emphasized that the prolonged detention infringed upon his constitutional rights, stating, “If the police continued to hold me without bringing me to court, I will unjustly deny my rights to liberty and justice as protected under the Constitution of Zambia.”

As the sole breadwinner for his family, Daka expressed concerns that his detention was adversely affecting his ability to provide for his household.

He argued that the police were abusing their authority, using the investigation as a pretext to extend his detention without due process.

Daka is seeking immediate release or a formal charge to be presented in court, contending that the delay is illegal and unconstitutional.

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