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The Director of Public Prosecutions (DPP), Gilbert Phiri, and the National Prosecutions Authority (NPA), have filed an application to be removed as parties in the case where former Presidential political advisor, Chris Zumani Zimba, and another are seeking over K200 million in compensation for false imprisonment.
According to an affidavit filed in the Lusaka High Court, state advocate, Susan Besa, argued that the NPA and DPP acted on behalf of the government and therefore the Attorney-General, who was the first defendant, was the proper party to be sued.
Besa contended that the plaintiffs’ decision to add the NPA and Phiri to the proceedings was irregular and misconceived, as they had not specified any claims against them.
The application seeks to strike out the NPA and DPP from the proceedings, citing misjoinder.
In this matter, Zumani and co-plaintiff, Portiphar Gwai, were jointly arrested and prosecuted with two others, Given Phiri and Marlone Banda ,for terrorism in relation to the 2020 gassing incidences that caused terror in the country .
They were, however, acquitted by the Lusaka High Court due to insufficient evidence, after six months in detention.
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