The detained President of Zambia’s Socialist Party (SP), Dr. Fred M’membe, has appealed to the country’s High Court for leave to issue a Writ of Habeas Corpus demanding that the Zambia Police Service release him from detention or justify his continued detention.
M’membe, who is being detained at the Ibex Police Station in Lusaka on charges of seditious practices, filed the application under the Rules of the Supreme Court of England 1965, Articles 13 and 18 of the Constitution of Zambia Act, Chapter 1 of the Laws of Zambia as amended by Act No. 18 of 1996, and Section 33 of the Criminal Procedure Code, Chapter 88 of the Laws of Zambia, challenging the legality of his prolonged detention without police bond and without being brought before a court.
In his application, M’membe recounted that on July 23, 2024, he received a Service Notice from the police, summoning him to appear at Westwood Police Station on July 26, 2024, for an interview.
He said he was out of the country at the time and informed the Zambia Police Service Headquarters of his unavailability and consequently, the interview was rescheduled to August 8, 2024, at Twin Palm Police Station.
“When I reported at Twin Palm Police Station on August 8, 2024, I was arrested and detained at about 10:35 hours for the offence of seditious practices, for which I believe I should have been granted a police bond,” M’membe stated in the application.
The opposition politician said despite fulfilling the conditions for his bond, he has remained in custody, with no appearance in court.
He argued further that his continued detention which has exceeded the time limits prescribed by law, was a grave violation of his fundamental rights and posed a risk to his health.
“My detention is illegal, unlawful and a contravention of my freedom as enshrined in the Constitution of the Republic of Zambia,” M’membe asserted, expressing hope that the High Court would grant his request for a Writ of Habeas Corpus, compelling the police to explain why he should not be released immediately.