Absence of legal team jeopardizes fugitive Banda’s case, as Lusaka High Court throws out matter

The Lusaka High Court has struck a significant blow to fugitive Emmanuel Jay Banda’s case against the State and top government officials, removing it from the active cause list due to his lawyers’ absence.

Banda had sued Levy Ngoma, Political Advisor to President Hakainde Hichilema; Clayson Hamasaka, State House Media Director; and Trevor Mwiinde, UPND Vice Youth Chairperson, for alleged abduction and torture.

However, Justice Mwape Bowa struck the case off the list after Banda’s lawyers, Makebi Zulu Advocates, failed to attend both the status conference and the hearing for a conservatory order on August 30.

This marked the second absence by Banda’s legal team, who also missed a previous hearing on August 16 without explanation.

Banda had claimed that his alleged abduction and treatment by the defendants violated his constitutional rights, seeking judicial declarations against them.

He alleged that he was subjected to physical torture, including being beaten with a plank and cable, and faced an attempted castration.

Banda also claimed he was forcibly removed from a hospital and confined in a car trunk, which he described as acts of torture and restriction of his movement.

Despite these serious allegations, the defendants have denied any involvement in the abduction.

The case can still be revived within 30 days; otherwise, it faces dismissal for want of prosecution.

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