Lawyers for jerabo gang leader and owner of Spax mining ltd Kabaso Mulenga (Spax) who has been in police custody since 26 February 2020 have applied to the High Court for a habeas corpus or his Immediate release.
Spax is detained for murder and other heinous crimes which are not bailable.
Spax Mulenga has sued the Attorney General and the Zambia Police Service through his lawyers Freddie and Company of Kitwe and Iven Mulenga and Company of Lusaka for grant of habeas corpus, saying his constitutional rights against unlawful detention have been breached and will continue to be infringed.
He has said it is only fair and just that a writ of habeas corpus ad subjiciendum be issued forthwith to secure his protection under the law.
He stated that he was apprehended on February 26 by police officers in Chingola who identified themselves as crime one police officers from Lusaka and was brought to Lusaka on the same day and detained at Chelstone Police Station.
Mr. Mulenga stated that whilst at Chelstone Police, he was kept in a cell throughout and no one was allowed to see him and he was equally not allowed to talk to his advocates until Saturday, February 29 when he was taken to the Criminal Investigations Officer’s office for purposes of administering a warn and caution statement on suspicion of murder of a Mr. Emmanuel Mapunda Chibwe.
He said he was also advised that he was being investigated in relation to a case of murder and use of military combat without authority.
Mulenga stated that after the warn and caution was administered, he was not charged with any offence but was transfered from Chelstone police to Chilenje police before being taken to Ibex Hill police station where he has been kept without being charged with any offence.
He stated that he was informed that he cannot be released by the police until further notice as they are still carrying out investigations and that they have not yet formulated the charge.
“I have been prosecuted through the media, thereby, likely to cause people to have falsified view of my detention and I crave this honourable court’s indulgence in granting me leave to issue a writ of habeas corpus ad subjiciendum as my continued stay in police cells not only infringes my constitutional rights but also affects the lives of many thousands of workers who solely depend on me on a daily basis for their livelihood. The granting of leave herein will serve the interest of the course of justice as I am currently detained beyond the time limits provided by law and there is no legal basis upon which I am still being kept in custody,” Mr. Mulenga stated.