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The Lusaka High Court has ruled in favor of United Party for National Development (UPND) member, Kelvin Sampa, ordering compensation from both the Attorney-General and the Inspector-General of Police for detaining him beyond the legally mandated 48 hours without presenting him in court.
In her judgment, Judge Gaudentia Salasini found that the Inspector-General of Police, Graphel Musamba, violated the Constitution by exceeding the 48-hour detention limit, a requirement meant to protect citizens from prolonged unlawful detention.
Judge Salasini noted that Sampa’s detention constituted an abuse of police powers, warranting immediate compensation.
“The applicant is entitled to costs, which I grant against the respondents for the delay in presenting the applicant before a competent court,” stated Judge Salasini in her ruling.
She further ordered that these costs be paid immediately and taxed if the parties cannot reach an agreement.
Sampa’s arrest originated from a complaint filed by a former business associate, who alleged that Sampa had obtained money by false pretenses.
However, Sampa claimed that he was taken into custody at Kabwata Police Station on October 7, 2024, and was held without any formal charges being presented against him.
He said he remained in custody for over a week, deprived of his right to a court appearance and to request police bond.
Despite applying for bond, Sampa reported that his request was denied on the grounds that he was neither formally charged nor arrested, thus technically barring him from bond eligibility.
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This procedural ambiguity led to his extended detention until he was finally granted bail on October 14, 2024.
The court’s ruling highlights the legal requirement for law enforcement to adhere to constitutional detention limits and underscored the rights of detainees to prompt court access.
The case had raised concerns over police procedures and the need for accountability in cases involving alleged unlawful detention.
The Attorney-General’s office has yet to issue a statement on whether it intended to appeal the court’s decision.
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