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Alba Iulia
Sunday, June 13, 2021

HH and 5 others sue the Attorney General for damages over 2017 treason arrest

Headlines HH and 5 others sue the Attorney General for damages over 2017...

UPND leader Hakainde Hichilema and five others have sued the Attorney General for Malicious Prosecution, unlawful detention, false imprisonment, torture and other claims arising for their arrest for treason and other trumped up charges in April 2017.

In a detailed writ of summons and statement of claim filed into the High Court Principle Registry in Lusaka on 7th May 2021, the opposition leader and his colleagues seek compensation for pain, suffering and other harm suffered by them at the hands of the State during their ordeal.

They further alleged that their arrest, detention and subsequent prosecution was without justifiable cause and that it was Malicious.

The Attorney General has 14 days in which to respond to the claim.

During the 2017 Kuomboka ceremony, Mr Hichilema and others were arrested for treason for apparently failing to give way to a presidential convoy and were detailed for 127 days.

They later walked to freedom later the state discharged them.

58 COMMENTS

  1. This case can take years , wonder if the man take advise or consult before thinking aloud . Let be bygone be bygone.

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  2. Yes, good ………..

    If lungu and his gang can be looting tax payers money with imounity ,

    all persecuted Zambians should also be suing for millions ……..

    That’s how you , too, can have money in your pockets………..

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  3. Can’t the PF abduct Likando Kalaluka the Attorney General so that there is no court contest. (AM JUST JOKING) Only cowards afraid of been sued can do such thing.
    Seriously Hakainde Hichilema must have litigated immediately after the State discontinued the case in a nolle.. Why sue now after 5 years? HH is not a forward thinker. He works backward, in reverse.

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  4. Irregardless of HH’s new treason case , PF haunted and persecuted Rupiah Bwezani Banda for years after he left office yet they came up with no provable charges.

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  5. Every Zambian has the right to seek relief through the courts.
    The strategy and timing is also good as the evils of ECL and the PF regime will be laid bare in court during the campaign period.
    The court process will be campaigning for HH

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  6. I am wondering if HH can afford the luxury of time to be suing the state for compensation for unlawful detention and torture when he is supposed to be seriously planning his campaign effort which very behind schedule. meantime time his contender as incumbent is using his position moving all over the country commissioning various projects at the same time campaigning indirectly. Issuing press statements from the comfort of Lusaka will not deliver votes. It must also be noted the courts only resolve matters and do not influence voters or vote. Go out there and explain to the voters why alternative solutions you will provide to what PF has done. Otherwise, we will be crying again and again. PF has announced its partial list of aspiring candidates even to the extent of dropping some cabinet…

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  7. I think the timing is very bad badala. Why open up so many battle fronts just when serious campaigns are about to start?

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  8. Why now and not earlier? If all this time, money and energy spent fighting legal battles was invested into the fight against poverty, Zambia would have been a much better country than it is now.

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  9. Laughable. Hichilema is playing with fire. He lacks wisdom and has a shallow mind. He knows that his release wasn’t an acquittal but a discharge after interventions from various quarters. If I were the Attorney General I’d request the DPP to re-arrest them so that it’s proven that it wasn’t a malicious prosecution. Soon they’ll be squealing for life. Don’t try to be a hero if don’t have any ground to stand on. In the UPND they even celebrate things that don’t make sense. What kind of people are these?

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  10. OOu….Sh.ut Up you PF minions !!!
    Do you recall your 25 years old Flagship theme of “privatization”, you wanted to set up a Commission of Inquiry. Is that so-called “forward” thinking? So when it comes to what happened less than 4 years ago, you say it is old. So you want justice to be swept under the carpet?
    After all, there was an agreement that ECL and HH will continue to discuss and come to a RECONCILIATION but we all know how that ended, remember, madam commonwealth and Lungu refusing outside partner’s involvement saying Zambians can solve their own issues? Nothing happened, and to date, Zambians have not been able to resolve anything, after 4 years, its just last week did ECL call for reconciliation talks. After 4 years Zambians were NOT ABLE TO RESOLVE, now you get…

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  11. OOu….S.h.ut Up you P..F min.ions !!! Do you recall your 25 years old Flagship theme of “priv.atization”, you wanted to set up a Commission of Inquiry. Is that so-called “forward” thinking? So when it comes to what happened less than 4 years ago, you say it is old. So you want justice to be swept under the carpet? After all, there was an agreement that ECL and HH will continue to discuss and come to a RECONCILIATION but we all know how that ended, remember, madam commonwealth and Lungu refusing outside partner’s involvement saying Zambians can solve their own issues? Nothing happened, and to date, Zambians have not been able to resolve anything, after 4 years, its just last week did ECL call for reconciliation talks. After 4 years Zambians were NOT ABLE TO RESOLVE, now you get…

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  12. Nothing happened, and to date, Zambians have not been able to resolve anything, after 4 years, its just last week did ECL call for reconciliation talks. After 4 years Zambians were NOT ABLE TO RESOLVE, now you get surprised when someone wants to resolve via the court of law?

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  13. LT …moderating my previous ….Nothing wrong with it….please stop this nonsense.

    MUSHOTA WELCOME AFTER SUCH A LONG SILENCE !

  14. Mushota welcome back. Where have you been? How is Nick?. Please give us some update? Keen follower.

  15. Mushota. PHD, MBA, FACCA, FIM, FCIPS, MSc or may I simply say all protocols observed, you are welcome after a very long time!

  16. After the whole world pleaded for this ugly bab00n to be forgiven for his treasonous acts, he goes ahead to further show his arrogance and disrespect by using the same people who forgave him. Instead of selling his policies to his fellow tribalists he is busy suing people. This f00l knows he is losing again. If upnd supporters have any sense in them then they will not waste their votes on this sick man.

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  17. *** you need to come out in the open and condemn this f00lish tribal leader. If you don’t then it is implied that you are also tribal.

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  18. Seriously?
    Shouldn’t we be organizing ourselves for election?
    This is dununa reverse for sure.
    The ka detention should have taken a toll on poor Hikainde Hachilema. He usualy takes a while to come around.
    Guess what? In politics most politicians hit jail and they move on.
    It takes a lot to be president, one of which is that any presidential gentleman needs to be thinking with his head.
    How does this help simple Hachilema win an election?
    Kaya!

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  19. Its easy to sit there and type away behind keyboard but what would you do if you were raided by Police in your house with your family tear gassed with your family. Thrown in a Police van in the middle of the night moved from one unknown location to another for several days ending up in Lilayi Training camp…then moved to a Maximum Police Prison with murderers and rapists where you are relieving yourself in a bucket for over 100 days….only for your case to be dropped for lack of evidence.
    Yes of you would sue!!

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  20. Tarino that is what happens when you are a stubborn arrogant f00l who decides to not obey police orders. Stop blogging with your tonga tribe, and for once be objective.

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  21. At law “mulandu tauboli”. It’s within HH and 5 Others’ Rights to sue the State for illegal,wrongful and unjustifiable arrest,detention and persecution for 127 days. These Nolle Prosquis given by the State should lead to costly damages. The State should stop arresting and detaining Citizens with impunity and for long periods without bringing the accused to Court within 48 hrs of arrest. The State should respect Rule of Law and Human Rights in a Constitutional Democracy like Zambia.

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  22. These PF cockroaches on LT have not tasted prison hence they don’t know how it feels to spend time in prison especially on trumped up charges.

    KZ your time is also round the corner as shawshank awaits. Will cry like a b1tch

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  23. In the absence of a good song to earn votes you sue the Government for wrongful detention. Learn, Trump sang ‘make America Great Again. He won. Sing to inform us what you intend to do with Zambia. Is it to make Zambia a developed country? Sing a good song and earn our vote. As of now my vote is deep stuck into ECL PF Party. A good song can can get votes out of PF. My song is a court case won’t earn you votes.

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  24. It looks like he can’t forget what happened to
    Him.He was saying he has forgiven them but
    Deep down he did not.Mr HH don’t waste time and money for lawyers as this will take
    You nowhere.If you happen to lose elections
    Just retire and enjoy your wealth.Not all Zambians are with you.

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  25. Timing is good.

    It would not be palatable to sue the state when you are president. So this case can commence prior to him becoming president.

    I truly hope he can return this favour to Lungu though. There are things in life one can not forget or forget.

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  26. If ever anyone doubted that this young man (HH) has nothing for the Zambian people this is enough proof. His mission is simply to use the support of the Zambian people the majority of whom are his tribesmen and women to propel his selfish ambitions. He is opening wounds that would have seen him dead on the Mongu road. A head of state is a head of state whether you like him or hate him and you must comply. HH you need to concentrate your energy on elections we know you are aware of the dwindling fortunes in your numbers. You will get far less votes than you got in 2016.

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  27. The most classic adage regarding trolling is, “DONT FEED TROLLS.” Trolls seek out emotional responses and find provocation amusing, so replying to them or attempting to debate them will only make them troll more. By ignoring a troll completely, they will likely become frustrated and go somewhere else on the internet.

    You should try your best not to take ANYTHING trolls say seriously. NO matter how POORLY they behave, remember these people spend countless UNPRODUCTIVE hours trying to make people mad. They’re not WORTH your time of day.

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  28. {1}

    HH has no idea how to make political calculations to advantage his position. This is Self Political Sabotage and wasting the needed Energy, when we are 2 months away from General Elections.

    It just looks like of recent, HH is looking to be provoked so that he can use it as an excuse to say I lost elections because PF did this and that.

    First it was seeking attention by claiming PF is trying to kill me, which was B*S. The man was resting because he was ill.

    The timing to sue the AG is baffling when he knows he got lucky and he was completely out of order.

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  29. This litigation was long over due. The inaction on this issue by HH and 5 Others made the ECL Govt to think that they can arrest and detain Citizens with impunity and without any consequences. Hence the recent abduction and detention of Ackson Senjani and three others for 32 days without taking them to Court. The law is very clear. Any Accused arrested by the Police must be presented to Court within 48 hrs of their arrest. The Police shouldn’t arrest Citizens inorder to investigate. This ECL Regime must be reminded that Zambia is still a Constitutional Democracy which is governed by Rule of Law and Respect for Human Rights. The State must pay damages for these injustices.

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  30. Moto – Can you forget …being teargassed via ventilation in your safe room in your own house with your whole family? Let me hear you say we are a Christian nation and our master’s bible teaches us blah blah

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  31. 2}

    HH disrespected national security with his bitterness and arrogance. If PF was really  ruthless, the security escorts could have fired live bullets on him when he refused to clear the road for a sitting president.

    There is a reason why security teams clears roads when a President,  Prime Minister, Queen or King’s enterouge is traveling on the road. This happens in all nations, whether its a Banana Republic or an Advanced nation.

    HH focus on selling yourself to the voters, you have failed times. This is really wasting your energy. UPND needs campaign language at this junction. Not Me, me, me…. !!

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  32. INDEPENDENT OBSERVER – I am not a big fan of lawyers or Hakienda but in terms of strategy the timing of this is impeccable….most Zambians have short memories this will jog their memories especially now when PF ministers are busy enjoying wealth to the point where each and everyone of them has bucket loads of looted cash to dish out and here is a case of someone who was wrongfully incarcerated.

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  33. Is there wisdom in this action when there is less than 100 days to General Elections.
    This is a bad tactic UNDP Wise men should rethink this strategy ?

    HH should concentrate all resources on the future than dwell in the past?

    God bless us all

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  34. Very good move, long overdue! There is nothing new with intervention from international observers when they notice injustice. Reading the comments makes me very sad; who is tribal?! The one voting for incompetent team that has messed up literally everything in the country or the others who want to restore normalcy! Who has excluded other tribes from government jobs, connections and contracts? This lazy way of describing others tribalism should stop and shows immaturity in the perpetrators!

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  35. INDEPENDENT OBSERVER – You need to refer back to the case …its like you just crawled from under a rock that you went under when the man was arrested.

    “The DPP (Director of Public Prosecutions) has decided to terminate these proceedings by virtue of her constitutional powers,” said high court judge Charles Chanda. “Therefore, you’re hereby discharged.” Just like that!!!

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  36. Hehehehehehe nkunkunkunku hahahahahaha kikikikikikijukija Hehehehehehe nkunkunkunku mamamaamama kwekwekwekwe!
    Staring defeat in the face.
    Signs of naivety.
    Politics ain’t play for kids folks! Who knows he could have contracted something from there that keeps him awake at night.
    Watching this space.
    Interesting surprise.
    Will be finally heading home for elections.

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  37. Road rage with a presidential motorcade. Obstructing safe passage of a presidential motorcade posing a major risk to the head of state.
    1d10+s hauling and chanting insults to the head of state and police in a society that is supposed to be normal.
    Who did he think he was and what was he thinking would happen to him.
    He seem to have forgotten the jail cell he was confined to. Almost 4 years of his undemocratic unbecoming behavior seem to have been oozing out his mind.
    In other countries he would still be in jail.

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  38. The fake Treason Case puts Governance at the Centre of the 2021 Elections. It reminds Voters how Cruel ECL is and how much HH has sacrificed for the freedom all Zambians. HH and 5 Others were detained for 127 days by the cruel ECL Regime. People can see how the ECL Regime has persecuted genuine Opposition Parties. The Economy is in a mess and People’s lives have been ruined by ECL and his Corrupt, incompetent and Visionless PF Regime. Do Zambians want a continuation of this ruinous ECL Rule? The answer lies in a change of Govt. Voters must give HH a chance to turnaround the Economy. Another 5 years for ECL is unthinkable and will be suicidal for Zambians. The writing is on the wall.

  39. @ Mercury u are spot on. This Petition will put on record that this vicious ECL Regime detained HH and 5 Others for 127 days on false allegations of Treason. The State must pay damages to these Victims of misrule. As People vote on August 12 they must be reminded to vote wisely and get o
    rid of the ECL brutal Regime. Should the Corrupt, incompetent and Visionless ECL retain Power Zambians will not only suffer but perish. Here is a golden chance to get rid of ECL and his Panga Family and elect HH and his UPND Team to Govern Zambia. HH aka Bally will fix it.
    .

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  40. # Kaiser Zulu
    # Tarino Orange

    Keep posting your opinions and observations. Having a passionate and truthful debate is always health. We all love Zambia !!!

  41. # Tarino Orange

    What you need to address is not the case. But address what caused this case. The truth of the matter is that HH knew what he was doing. And it was unfortunate arrogance. He asked to be locked up and put his cadres in danger.

    Remember there is a video posted online where HH’s motorcade refused to give way to the Lungu’s presidential motorcade. It was a very tense situation, considering how UPND cadres behaved towards the Presidential Motorcade

    You say, I just crawled from the bottom of the rock. I will not replicate that negative gesture to you. I don’t do that. It’s being shallow and will not sink low for you.

    The English dictionary has so many words one can use to put point of views.

    Lastly, invest your energy wisely and positively. Else it will…

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  42. Well said observer. You are a wise man. I am glad you have also come to realise that tarino is just an ignorant f00lish sewer cockroach

  43. Well said observer. You are a wise man. I am glad you have also come to reaIise that tarino is just an ignorant f00lish sewer c0ckroach

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  44. This Petition is timely and serves to remind People how Cruel ECL is. ECL has no respect for Constitutionalism, Rule of Law, Good Governance and Human Rights. Lungu just talk of “Rule of Law ” but doesn’t do “Rule of Law” and doesn’t practice “Rule of Law “. That is why Lungu detained HH and 5 Others on fake Treason Charges in 2017 for 127 days with no remorse. Lungu pretends to be Humble but is Cruel to the Core. Take a look at how more than 50 people were gassed, Nsama Nsama and Joseph Kaunda were gunned down under ECL’s watch but no apology from ECL. Even Chilufya Tayali is enjoying ECL’s love and hosipilality in the cold Woodlands Police Cells. Ackson Senjani and three others and Queen Mukuni are the latest victims of ECL’s brutality. Zambians will cry and suffer…

  45. Ah this is good he hh will be asked to take the stand and testify what led him to refuse to yield to the presidential motorcade…also why he refused to leave the confines of his house when asked to come out….let the story be told in court we set the hearing of this matter July and August for all witnesses to be brought forward…as for torture we shall ask for details of his incarceration, the log book entries, who visited him…any medical visits and reports to verify his state…we shall see if he was not proferred with charges…oh and we know of one dull professor who said he should have been charged with a simple traffic offence…evidently he is not well versed in criminal law or indeed State Protection Act amongst other statutes…so please let the games begin….please let John…

  46. Hazaluza Hagain is starting his own downfall!

    This case will be dragged on until after elections and swearing-in of ECL. Then he will be fighting the case from prison once more.

    Why is he yielding to wrong and desperate advice?

  47. Many of you have failed to comprehend what is going on here. This is a political strategy for HH to avoid being arrested again on flimsy grounds
    before elections. If they try they would we have commenced our litigation in the courts of law wait until we finish this case.

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