Lusaka businessman, Kasanda, seeks high court intervention over prolonged detention

Lusaka businessman, Sedrick Kasanda, has once again approached the High Court, seeking an order for his release after being held in detention since last week.

Kasanda, who had previously faced espionage charges in connection with the Kenneth Kaunda International Airport gold scam, was rearrested on October 10, 2024, despite the State having dropped the charges midway through the trial last year.

He was initially charged alongside four others in the high-profile case, which captured national attention.

The charges against Kasanda were discontinued when the State entered a nolle prosequi, effectively halting the trial.

However, in a dramatic turn of events, he was rearrested and has been in custody since.

In his latest application to the High Court, Kasanda is seeking a writ of habeas corpus ad subjiciendum, a legal instrument that challenges unlawful detention.

He claimed that he was warned and cautioned for the same espionage charges that were previously dropped and argued that his continued detention was both unlawful and unconstitutional.

Kasanda asserted that despite the charges being discontinued, he was being held without a valid reason and that the authorities had failed to either charge him or bring him before the court.

“The State has refused or neglected to charge me and bring me before the court. My lawyers’ efforts to secure my release have also failed, as the police claim they are still investigating the matter,” Kasanda said in his application.

He is now asking the High Court to examine the legality and validity of his detention, which he claimed had been unjustly prolonged by the police.

Kasanda further argued that the prolonged detention without being formally charged violated his constitutional rights.

Through his lawyers, Kasanda has requested that the court order the State to present him before the court or release him if there was no lawful basis for his detention.

The High Court is expected to review the case and make a ruling on Kasanda’s application for habeas corpus.

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