THE Lusaka High Court has ordered that the property which was seized from UPND’s Vice President Geoffrey Bwalya Mwamba’s premises on plot 186 Luanshya road, Villa Elizabeth in Lusaka be given back to him.
This is in matter in which Mr Mwamba was challenging the purported decision by the Attorney General via ZAMBIA police Service and Drug Enforcement Commission (DEC) to possess and occupy the applicants property in Villa Elizabeth from 27 February to date and an issued search warrant dated March 1 ,2016 to search for offensive weapons and suspected drugs against the applicants private property which had been in the custody of the state.
High Court Judge Nicola Sharpe-Phiri stated that upon hearing counsel for Mr Katuka and upon reading the affidavit in support she had ordered that the application for ex-parte leave to apply for judicial review to dismiss the matter be granted.
Justice Ms Sharpe Phiri further ordered that the order dismissing the matter be set aside and the application which was earlier filed in court to restore the matter to an active cause list be heard and that costs be in the cause.
In his application for ex-parte summons ,Mr Mwamba contended that on March 27, this year the Zambia Police Service and DEC Officers summoned him to Woodlands Police Station where upon questioning him , the officers demanded that they proceed to his property on the said address to conduct a search.
He stated that he declined to be part of the search for offensive weapons and suspected drugs on the said property as the said property had been in the hands and control of the Respondent’s agents since February 27 to date.
Mr Mwamba further stated that on March 1, the Zambia Police and the DEC Officers proceeded to obtain a search warrant before a Magistrates Court and conducted a search and seized his property.
He seek for a declaration that the purported decision by the respondents via the Zambia Police and DEC Officers to unlawful ly besiege the applicant’s property since Saturday February 27 to search the applicant’s property does not conform to the provisions of Article 11 of the constitution of Zambia.
Mr Mwamba also wanted an order to quash the decision of the Zambia Police and DEC Officers to unlawfully besiege the applicants property made on March 2, by way of a search warrant.
And for an order to compel the Respondent’s agents to vacate and leave the premises of the applicant.
Mr Mwamba also requested for a hearing of his application before the judge of the High Court.
He also wanted an order of prohibition restraining the Respondent from continuing to unlawfully besiege and search his property for offensive weapons and suspected drugs.
Mr Mwamba also wanted if leave to apply is granted, a direction that such grant should operate as a stay of the said decision and further proceedings.