By 
Tonse/Pamodzi Alliance Secretary General, Celestin Mukandila, has asked the Lusaka High Court to order his immediate release from Immigration Department custody, arguing that he is not a foreigner and that his continued detention was unlawful.
Mukandila has filed an affidavit in support of an ex-parte originating summons seeking leave to commence habeas corpus proceedings against the Attorney General and the Immigration Department.
According to the affidavit filed on Aug. 28, Mukandila was detained by Immigration officers on August, 20 without a warrant and subsequently charged with unlawful possession of a National Registration Card (NRC) and failure to disclose that he is a foreigner.
He denies the allegations.
Mukandila said that following his arrest, he provided traceable sureties and requested police bond from the Immigration officer who arrested him, but was repeatedly told that the officer was awaiting further instructions.
He argued that the offences he faced were bailable and that there was no legal justification for his continued detention.
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“I have neither been taken to court nor been granted police bond, and I remain in custody,” Mukandila said in his affidavit.
He said that by August 27, he had spent eight days in custody without appearing before a court, describing his continued detention as indefinite and a violation of his constitutional rights.
Mukandila further claimed that the conditions of his detention had put his health at risk and said he feared for his life.
“I fear for my life as the police continue to detain and hold me in adverse conditions, as though I were already condemned and sentenced,” he said.
He has asked the High Court to grant him leave to commence habeas corpus proceedings and direct the State to show cause why he should not be released on bond immediately.
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