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The State has asked the Lusaka High Court to dismiss a lawsuit filed by Rizicky Fatacky, a member of the FixZesco movement, who claims that her religious rights were violated when police officers allegedly forced her to remove her hijab during detention at Lusaka Central Police Station.
Fatacky, a Muslim woman, asserted that the incident, which occurred on July 10, 2024, violated her religious beliefs.
According to her, as part of her faith, she was required to wear a hijab, which covered her hair, except when in the presence of specific male relatives such as her husband, father, or brother.
However, in a counter-argument, the State presented evidence from Fatacky’s social media accounts to challenge her claim.
The Attorney General’s office produced images from Fatacky’s Facebook page showing her hair uncovered in several posts, suggesting that she does not consistently follow Islamic practices regarding modesty.
In its legal submission, the State also defended the legality of Fatacky’s detention.
The State maintained that the detention was lawful, as it was within the 24-hour legal limit prescribed by Zambian law.
They further argued that it was standard procedure for police to temporarily confiscate personal items during detention for security reasons.
Priscilla Mukosa, a police officer at Lusaka Central Police Station, provided an affidavit stating, “Investigations reveal that the petitioner does not consistently comply with Islamic beliefs, as evidenced by pictures from her Facebook profile showing her hair uncovered.”
The State’s legal team contends that Fatacky’s claims are inconsistent and lack merit.
They argued that the police acted within their rights and procedures during her detention and that the lawsuit should be dismissed with costs awarded to the respondent.
The case continues to unfold, with Fatacky seeking compensation for the alleged violation of her religious rights.
The outcome will hinge on the court’s interpretation of religious freedom and the evidence presented by both sides.
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