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The Lusaka High Court has ordered the State to produce Tonse/Pamodzi Alliance Secretary General Celestin Mukandila before the court and show cause why he should not be released from detention.
High Court Judge Mwila Kombe issued the order on Thursday after granting leave for the commencement of habeas corpus proceedings challenging Mukandila’s continued detention.
The order, issued on Sept. 3, directs the State to bring Mukandila before the court and show cause why he should not be released.
Read more: Immigration department detains Tonse-Pamodzi official, Mukandila
The court issued the order after considering arguments from counsel for the applicant, an affidavit supporting the application for a writ of Habeas Corpus Ad Subjiciendum and an affidavit in opposition filed by the respondents.
However, in its affidavit in opposition filed on Sept. 2, Principal Immigration Officer Ian Mutamina said Mukandila was arrested on Aug. 20 and subsequently charged with concealing his true national identity and unlawful possession of a National Registration Card (NRC).
Mutamina, who works at Immigration Headquarters under the Risk Management and Compliance Unit, said all required procedures had been followed following Mukandila’s arrest.
He told the court that on Sept. 2, the docket was submitted to the National Prosecution Authority (NPA) to facilitate Mukandila’s appearance in court so that the matter could be determined and justice served.
Mutamina also said Mukandila had not produced any credible sureties to facilitate the issuance of a police bond.
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