UPND members file K10.6 million lawsuit against Attorney-General for alleged malicious prosecution

United Party for National Development (UPND) members have filed a K10.6 million lawsuit against the Attorney-General, alleging false imprisonment and malicious prosecution.

The lawsuit comes six years after the 10 complainants were acquitted for the offence of riotous behavior allegedly committed during hearing of the 2016 Presidential election petition by then UPND leader, Hakainde Hichilema, at the Lusaka High Court.

The plaintiffs sued the State in the Lusaka High Court, demanding K10 million for false imprisonment and malicious prosecution and K5,500,000 each for loss of business.

They also want the State to compensate them K550,000.000 for legal fees.

The members who also claim to be businessmen include Lubinda Simonda, Namasiku Likando Kalaluka, Derrick Sikakando, Philimon Mbewe Emmanuel Malilwe and Ackim Bbote.

Other plainiffs are Alfred Habene, Progress Simubali, Nyambe Nalikena and Chipo Sichimu.

In a statement of claim, the plaintiffs stated that they were arrested on December 15, 2016, at the Lusaka High Court when President Hichilema was addressing supporters after court proceedings.

They alleged Police threw teargas and were arrested, and bundled bundled up in a Toyota Hilux and taken to Godfrey Miyanda Police station and detained for five days without explanation.

Simonda and others claimed to have been beaten by the officers and sustained injuries.

They stated they were later charged for riotous behavior and appeared in the Lusaka Magistrate court, where they pleaded not guilty to the office.

The Plainiffs further explained that after mention and plea, they were taken to Lusaka Correctional Facility (Chimbokaila) and spent six days before being released on bail.

“On 29th, November, 2017, Resident Magistrate, N.M. Sakala Chabala delivered a ruling in favour of the plainiffs and subsequently acquitted them under case 2SB/274/2016 on the basis that the prosecution had failed to make out a case of riotous behavior against the plaintiffs sufficiently to require them to make a defence,” they stated.

Simonda and others have made more claims of damages for defamation of character and for mental anguish, turmoil and distress suffered due to unlawful detention and malicious prosecution.

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