Attorney-General asks court to dismiss K8 million claim by Mkushi Member of Parliament, Chisopa

Attorney-General, Mulilo Kabesha, has asked the Lusaka High Court to dismiss an K8 million compensation claim filed by Mkushi Member of Parliament, Davies Chisopa, describing it as misconceived, baseless, and unsupported by facts.

Chisopa is seeking damages for alleged false imprisonment and malicious prosecution following his arrest in 2021.

In his statement of claim, Chisopa alleged that on September 19, 2021, while attending his election petition hearing at the High Court, he was violently apprehended by plainclothed police officers and taken to Mkushi Police Station.

He said the incident caused him embarrassment, fear, and anxiety, and disrupted court proceedings, forcing the presiding judge to adjourn the case and summon the officer in charge to explain the incident.

Chisopa said he was detained for four hours, charged with malicious damage to property and assault, and later released on police bond.

In response, the Attorney General disputed the timeline, stating that Chisopa’s arrest occurred on September 17, 2021, and that he was charged with two counts of malicious damage to property and four counts of assault occasioning actual bodily harm before being released the same day.

Kabesha insisted that Chisopa was never manhandled, as alleged, and that the arrest stemmed from a public complaint against him over assault and property damage during the 2021 general election period.

He further stated that Chisopa and others caused a commotion at the police station, assaulting a member of the public, which prompted officers to fire warning shots to restore order.

“The police had reasonable and probable cause to arrest and charge the plaintiff,” Kabesha submitted, noting that the law allowed suspects to be questioned for up to 24 hours before being formally charged.

He also argued that the prosecution of the case was conducted by the National Prosecution Authority (NPA), an independent entity capable of suing and being sued in its own right, and not by the Attorney-General.

WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.