Fugitive lawmaker, Banda, seeks restoration of case against State House officials

Fugitive Petauke Member of Parliament, Emmanuel Jay Banda, is determined to pursue his case against State House officials, despite recent setbacks.

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

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

In a recent application filed through his legal team, Makebi Zulu Advocates, Banda requested High Court Judge Mwape Bowa to restore his case to the active cause list.

Banda’s legal team argued that justice must be served, despite the case having been struck off after a failure to attend a hearing on August 16, 2024.

According to an affidavit submitted by Banda’s counsel, Jonas Zimba, this absence resulted from an inadvertent miscalculation of the hearing date and was not intended to disrespect the court.

Zimba urged the court to exercise its discretionary powers to reinstate the case, asserting that Banda remained committed to pursuing the matter.

He argued that reinstatement would not prejudice the respondents but would uphold the interests of justice.

The application, dated September 9, 2024, followed the dismissal of the case due to Banda’s legal team’s non-attendance at both the status conference and the hearing for a conservatory order on August 30.

This was not the first instance of absence; Banda’s lawyers had also missed a prior hearing on August 16 without providing reasons.

Banda alleged that State House officials violated his constitutional rights, including physical torture, beatings with a plank and cable and an attempted castration.

He further claimed to have been forcibly removed from a hospital and confined in a car trunk.

The defendants have consistently denied any involvement in the alleged abduction and torture.

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