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.