Power and Politics

Tonse alliance official, Chisanga, charged for treason but State to pay costs for unlawful 16-day detention

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The State has been ordered to pay costs over the 16-day detention of Tonse Alliance presidential spokesperson, George Chisanga without charge.

Lusaka High Court Judge, Lameck Mwale, made the order after dismissing Chisanga’s habeas corpus application, holding that the matter had been overtaken by events following his subsequent charging with treason.

Chisanga had asked the court to order his release, claiming he had been detained at Chelstone Police Station since August 14 without being charged or brought before a court.

Justice Mwale, however, found that the circumstances had since changed because Chisanga had been charged with treason, rendering the habeas corpus application overtaken by events.

Read more: Missing NRPUP presidential spokesperson, Chisanga, found detained at Chelstone Police —Family says

Despite dismissing the application, the court ordered the State to pay costs in relation to the proceedings arising from his 16-day detention without charge.

In his application, Chisanga argued that his continued detention was unlawful and unconstitutional, saying he had been held at Chelstone Police Station without being charged or brought before a court within the required period.

He had asked the High Court to issue a writ of habeas corpus compelling the State to produce him before court and justify his continued detention, as well as order his immediate release.

Chisanga is currently detained at Mukobeko Maximum Prison with 17 others facing treason charges, including Tonse/Pamodzi Alliance president Brian Mundubile and his running mate Makebi Zulu.

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