Fred M’membe and wife Mutinta take Police to court for occupying their residence

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Fred M'membe and Mutinta Mazoka-Picture by Chanda Mwenya (Zambia Daily Mail)
FILE: Fred M’membe and Mutinta Mazoka-Picture by Chanda Mwenya (Zambia Daily Mail)
FORMER Post Newspaper proprietor Fred M’membe and his wife Mutinta have sought judicial review for the alleged illegal occupation of their residence at Plot Number 7345, Nangwenya Road as well as control of the privately owned printing press located at the same premises by police.

In their application in the Lusaka High Court, the duo have argued against the decision by the police to occupy their residence, that it was irrational and illegal. They have also applied to quash such action and that the judicial review once granted should act as a stay in the matter.

“The applicant hereby request a hearing of this application before the Judge pursuant to Rule 3(3) of Order 53 of the Rules of the Supreme Court 1999 Edition,

“If leave to apply is granted, a direction that such grant should operate as a stay of the decision to which this application relates pursuant to Rule 3(10)(a) of Order 53 of the Rules of the Supreme Court,” they submitted.

They have asked the court that should their application be granted, the hearing for judicial review must be expedited and costs as well as necessary and consequential directions to be given in the matter. Ms M’membe has accused police of having assaulted her when they visited her residence on February 17with a search warrant signed by the Magistrate’s Court.

She has also complained against police’s intention to dismantle the printing press found at her residence without legal approval.

“It is the applicants’ complaint that it is illegal for the police to occupy their home, plot number 7345, Nangwennya Road Lusaka which is privately owned.

“The applicants contend further that the police cannot at law use their power to take private property and therefore the action of the police in taking steps to dismantle and take a privately owned printing press owned by the applicants is illegal,” they argued.

She said attempts to take the printing press was illogical as moving it would completely destroy it because it was delicate and required professional attention to dismantle.

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31 COMMENTS

  1. Former Malawi Agriculture Minister’s private owned house was raided and huge sum of Dollars were recovered!……

    Anything wrong with this act?……

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    • Ms M’membe has accused police of having assaulted her when they visited her residence on February 17 with a search warrant signed by the Magistrate’s Court.

      This couple has to sue the magistrate court and not the police.

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  2. As usual he is calling the shots from a distance and hiding this ‘brave’ scribe. Oh and his wife doesn’t know the entire visit by the police is on video and at no time was she assaulted she was approached in a polite manner served with a search warrant under the same law her husband praised when XF etc. were searched and they did not resist arrest or tear up warrants….but its an failed case for the ex-dpp and fat desk to practice some law which only his head understands after this, the past/mast will attack the judiciary once again when the application fails….lastly the print press was not bought by the mast but by the past as the workers revealed..

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  3. Come on Zambia, enough is enough Lungu should not take us for a rid, Let us join force and hold mass action or civil disobedience against this oppressive government of Lungu. Just like the comment if you are in.

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  4. In US the police cannot search your premises without a search warrant. You just allow them to enter and search for whatever they are looking for. If they find it good for them, they don’t good for you but if you dare tear the warrant you’ll be roasted like barbeque t bone.

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  5. Has Fred landed…still looking for sympathiers instead of looking for donors to bail him out his tax debt

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  6. How many Mutinta Mazoka’s are there? The one I knew was supposed to be MP somewhere in Southern Province and wife to HH. Is she the same Mrs Membe?

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  7. Even as I blog from leeds United Kingdom. I wish Fred and family all the best. We are with you. Leeds is cold bane. Can’t wait to be back home

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  8. A search warrant must be specific as to what they are looking for. If it is stolen money or documents or drugs. Not just to snoop around and steal from private citizens.

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  9. If HH and other Post sympathizers were serious, they would have paid Mmembe ‘s debts. This way Lungu was not going to have an “excuse to persecute ” Mmembe and the Post was going to be in a much stronger position to bite at Lungu. But all they give are condolences. Which means they know Mmembe has broken the law and they don’t want to risk their money.

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  10. just how daft can people be?those thinking M’membes sympathizers need to help him pay his debts.people here either don’t think or they deliberately refuse to..i feel sorry for my country.

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