Former Republican President Rupiah Banda has asked the Lusaka High Court to jail Immigration Director General Moola Milomo for contempt of court.
And the Law Association of Zambia (LAZ) says steps taken by immigration officers to stop Mr Banda from travelling abroad are not only illegal but they directly border on contempt of court.
LAZ said: “It is incumbent upon the Government as party to the proceedings to unconditionally comply with the ruling of the court.
“LAZ is not in any doubt that the advocates representing Mr Banda being senior members of the bar will take the necessary steps provided for in the law which are designed at ensuring that the law visits upon the perpetrators of this clear contempt of court.”
This is in connection with yesterday’s incident in which the former Head of State was prevented from travelling to South Africa to attend a conference.
Banda said in his statement filed by his lawyers yesterday before Ms Justice Jane Kabuka that Mr Milomo and immigration officer Peter Mwansa should be sent to prison for disrespecting the court ruling.
He said the conduct of the duo had been and is still contemptuous of court and he was praying to the court to commit them to prison for contempt.
Banda said the failure by the two to obey a court order was unjustified, illegal and contemptuous.
He said it was a clear disregard of the court’s ruling, thus undermining the authority of the court.
Banda said he had obtained an order dated June 6, 2013 for the release of his passport to enable him to travel to South Africa to attend the African Presidential Centre Roundtable Conference 2013.
He said on June 7, 2013 he proceeded to Kenneth Kaunda International Airport, but before he could process his exit, he was stopped by Mr Mwansa, an immigration officer purporting to be acting on instructions from Mr Milomo.
The matter comes up for hearing on Monday.