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.