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Alba Iulia
Friday, September 25, 2020

Lusaka High Court dismisses bail application by HH and five others

General News Lusaka High Court dismisses bail application by HH and...

HIgh Court
HIgh Court
The Lusaka High Court has dismissed an application by incarcerated UPND leader Hakainde Hichilema and five others to allow them apply for constitutional bail.

High Court Judge Betty Mung’omba says the action by Mr Hichilema is an abuse of the court process because he has made a similar application in the Constitution Court.

Judge Mung’omba said she has decided to dismiss the application because of duplicity.

She said it is clear that the a similar application before her was also before the Constitutional Court.

She however refused to stay the proceeding pending the decision of the Constitution Court as she has dismissed the case.

In this matter, the State, through Chief State Advocate Joe Simachela, had asked the High Court to stay proceedings in which UPND President Hakainde Hichilema and five others want to be allowed to apply for constitutional bail as he has made a similar application in the Constitutional Court.

Mr Simachela has also asked the court to allow the state change the respondent in the matter saying Mr. Hichilema and five others have sued the government of the Republic of Zambia instead of the Attorney General.

In another matter, the state has asked the constitutional court to allow the state substitute the respondent saying it is the Attorney General who is supposed to be sued and not the government of the republic of Zambia.

Mr. Simachela has also told the Constitutional Court to set aside the application by Mr. Hichilema and five others to allow them to apply for constitutional bail because of duplicity.

The state has further argued that the petitioners are abusing the court process because they have made a similar application in the High court.

This is according to the notice of motion to substitute the respondent and to set aside the proceeding for duplicity and abuse of court process filed in the Constitutional Court and High court.


    • If it was yesterday, when he invited himself to Lesotho, the ruling would have been different. As expected courts are damn scared of their former Minister of Justice and Home Affairs.

    • By the time HH concludes his court cases he will be broke and his lawyers will be laughing all the way to the bank. I never thought HH was so dull.

    • @Big Joe. There is a difference between riches and wealth. Wealth isn’t something you lose over some silly lawyer fees.

  1. The earlier HH realiss that his herd of lawyers are just after his stolen money, the better. You cant have 15 lawyers always putting up preliminary issues when they know that they are futile and would only prolong the stay of Kaili-1 in mukobeko

    • You are loving HHs legal team? How evil and pathetic are you? Are you really concerned about injustice? No, just in the suffering of another human being. Symptomatic of failures you are, finding pleasure in the fixing of another human being. Its not HH who created your miserable life, beither is it ECLwho will get you out of it.

  2. It seems HH has really suffered so much at the hands of his incompetent lawyers.
    If not careful they’ll may cause him getting jailed for nothing!
    Its high time he made an overhaul!
    His loyalty to these finished lawyers should come to an end.

    • His loyalty cant end kaili they are Tongas ! He cant hire another tribe to represent him other than these Mushipes etc etc

    • Why don’t you people? You only see tribes. No wonder our country will never develop because of jackasses like you. I am here in the USA, but my work mates do not look at me as a Zambia. They look at what I can contribute to make our institution better.

    • The problem is that HH does not see it that way. To him, as long as his lawyer comes from together then it’s OK and he has so much faith in them. So reasoning will make HH sink. He cannot trust any other lawyer who is not from his “together” There are brilliant lawyers in Zambia who could have ably advised him and defended him but alas – Mr. Know-it-all. Good luck HH – and you need it at the rate your lawyers are messing you up and at the end of it all Archbishop Mpundu will blame President Lungu

  3. Are the lawyers for HH learned or they bought their degrees in law?
    I fail to understand why they fail to guide their client(HH) well in so many matters.courts keep on throwing upnd’s case after case-shocking!!SOMETHING IS VERY WRONG WITH LAWYERS WHO REPRESENT HH!!!anyway,they are just after hh’s stolen money!!
    please Mathar Mushipe and your team,start offering free legal services to hh.moreover,you cannot win him any case,so why should hh pay you?

  4. Only lawyers from his tribe are trusted by his fellow tribesman! If you think the rest of Zambia can trust him then I have a bridge to sell you!

  5. In the high court it was not bail application. It was the substance of the case. While in the ConCourt it was interpretation of the constitution on bail.

  6. Mr Know-it-all should learn to hire competent lawyers. For him anything tonglish is ok. He should get a better picture and know that mushipes are rotten to the core lawyers. He will just rote behind still bars. Just how to lawyers fail to see that it a duplicate appeal. oh no 15 lawyers half pullig this way and another pulling that way. What a shame!

    PHD Candidate

  7. Awe o of u above don’t understand. The charge sheet & evidence is so overwhelming. Vincent Malambo (one of the many Tonga lawyers on the team) noted from the beginning that this was a lose lose case. So they don’t want the case to start in the high court. That’s why they r back to magistrates ordering the mismovement of their hh to & from. They will just keep creating confusion & issuing press statements. U will c. They r scare to go ahead in high court.

  8. This dili-daling is similar to the highly publicised petition. They used the entire 14 days creating confusion. Instead of getting down to the case, they were on preliminaries fo the entire 14 days. No EVIDENCE, NO WITNESSES were presented. For 14 days lawyers were just mumbling. We r back there. Only this has no TIME LIMIT. We will watch this ndendeule for as long as it goes. Only their hh will b languishing in mukobeko. So don’t b surprised with these tricks of them wanting 20 courts to b hearing same case, at the same time.

  9. I am beginning to doubt the calibre of his lawyers, honestly. one would think he will bring in the top notch or do these lawyers honestly represent the best we have in Zambia?
    Did they graduate from the same University as our Mushota, where they bake “PHDs” ?

    • Summer kabimba Qc, Sq. is laughing in tonga at ka hh and offers his services pro bono…..st.upid hh

  10. I thought that this time U5 aka Kaili-1, went to the High Court with John Sangwa. He abandoned his Jack Mwimbu, Mushipe, Keith Mweemba and the whole horde of kinship lawyers. Interesting how you could easily predict the Sangwa led case to collapse before it was even heard. But the bills will still be delivered to U5 anyway, and for a case in High Court it is 5 times lower court. In Concourt it is 5 times High court bill because of the high profile.
    I hope the DPP can appeal the transfer of U5 from Mukobeko. The national is much safer and more peaceful with U5 playing pool at Mukobeko.

  11. love one another as you love your self, but not insult one another then i will start following all the proceedings on this fora. I hate the language used here please i beg stop it.

  12. HH once declared himself a lawyer..remember the election results petition court case..HH declared himself a lawyer on Friday and practised for two days; Saturady and Sunday… when the case continued on Monday, he lost the case. ..he was told the case had expired… let him represent himself….so he has no one to blame…

  13. Can we find a way to end this boring episode? Let Lungu “interfere ” with the courts by ordering the release of HH. I know HH will be arrogant and defiant after release but that should not worry anyone. Let’s move on.

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