High Court Judge Eddie Sikazwe has threatened to release more than 15 suspects facing various offences if the State did not offer convincing explanations over the delay in prosecuting the matters.
Judge Sikawzwe threatened to release the convicts in his chambers yesterday when the State informed him that they could not hear all the over 15 cases including that of incarcerated Lusaka business executive Mohan Matthews and three others.
Judge Sikazwe told the State that it was unfair to continue detaining suspects in congested cells as far back as 2008 without offering proper excuses for not prosecuting the matters.
Justice Sikazwe who is based in Kabwe is in Lusaka to hear his cases but had not heard any because the State had given him excuses which he was not convinced with and was forced to order the State to offer convincing reasons or he would release them.
“Justice delayed is justice denied, these people have been in custody for years and instead the State has continued to delay the matter instead of prosecuting the matters, I need the State to offer proper explanations why they have delayed the mattesr or else I will release them,” he said.
Meanwhile, more than 14 ex- soldiers who were retired in national interest have sued the attorney general and the Public Service Pensions Fund (PSPF) board and were claiming a declaration that were entitled to be paid their pensions benefits which was not the case.
They stated in their statement of claim filed yesterday in the Lusaka high Court that they were paid their benefits under a wrong Section 39 (1) instead of Section 39 (2) which excluded the pension’s benefits ad yet they were entitled to them as they were contributing members.
They claimed that since they were retired at the instance of the Attorney General in national interest they were entitled to pensions benefits under Section 39 (2) of the PSPF Act of 1996.
The ex-soldieries said that they were together with others between 1995 and 1997 arrested ad charged with offences of treason and misprision of freedom contrary to Section 43 (10 of the Laws of Zambia and were remanded in custody.
They said after judgment dated 27 December 2002 the plaintiffs were acquitted and all charges against them were reinstated in their employment and were paid all their dues.
They claimed that they were also paid their lost and damaged properties and other incurred expenses as a result of moving items from the barracks to alternative places.
The soldiers were now demanding to be paid their pensions benefits using the correct section and not the wrong one which the Ministry of Defense used.
Foolish government controlled courts, but why are they locked up since there are no convincing explanations or tangible evidence?? I thought someone is innocent till proved guilty..Set them free
you want to release mohan foolish judge
Can the digraced DPP respond please?
Sata is a devil worshipper :((
Mamama u must the worshipping in the same temple for u to know that. I pray for u to repent.
Read and comment on the draft constitution. Propose that the Judictiary be completely independent of government.
Where have they been all tthis time, why didnt they sue RB….Is it bcoz MMD under RB acquitted them ,sending them to freedom??
Release them’ after all your tug says corrupt judiciary.
Realese them plz esp Mohan
Why keep somebody in detention for 4 years when the State is not ready to prosecute? Jee aint coming back to that backward country. In Botswana you are arrested in the morning,in the afternoon you are in court defending yourself.There is gross abuse of human rights.
Its a Move, to release Mohan
atase! its just a way of releasing mohan. zambia is just a corrupt state. They have come up with a plan of releasing criminals
# 6 Malundu Me. Currently you are living in a developed country which I suspect would correlate with your thinking over ‘justice delayed is justice denied’. Unfortunately your thinking is like that of PF govt who todate not aware it formed govt 9 mothes ago but keep on greaming as if in opposition. Zambians changed govt with a view of improvements all round in the state of affairs. Disappointngly, even for state to prepare prosecution of existing cases is blamed on the past govt. What is the PF govt doing? where is their responsibility to Zambians? Fuel shortage is blamed on MMD, strikes of workers, students protests is all MMD cause? Oblai me! Let PF govt wake up and take charge of the country’s administration. Stop thinking as if in opposition.
This is inefficiency of the highest order. Shame on the office of the DPP!!! Commission of Inquiry please Mr President.
*****ic……… why keep them in cells?. Iwe Judge auze awamasure akaone abale awo kunyumba……………
Zambia’s prisons are internationally condemned as one of the worst in the world. Detaining someone who had not been tried for years is not only a inhuman and unfair, but a gross violation of conscience. How can you live knowing someone could be innocent for years but still locked up and awaiting the first day in court? I don’t care if Mohan is involved. Release all the others who have been detained for longer than 6 months.
Zambia’s prisons are said to be one of the worst in the world. Detaining someone who had not been tried for years is not only a inhuman and unfair, but a gross violation of conscience. How can you live knowing someone could be innocent for years but still locked up and awaiting the first day in court? I don’t care if Mohan is involved. Release all the others who have been detained for longer than 6 months.
@Political Observer President Sata was nt there whn these guys wer convicted. Y say he is wat u ve said foolish man/woman
just release them if they cant prove the case against them,why even worn the state? if you have been in any cell or prison in zambia,you wouldnt want to keep your friend there