Mucheleka, Mubanga don’t deserve compensation, says Attorney General

ATTORNEY General, Mulilo Kabesha has submitted to the Lusaka High Court that Permanent Secretary for Special Duties, Patrick Mucheleka and four other UPND members were not entitled to compensation because they were lawfully detained and arrested by the Police.

Mr Kabesha in defence also submitted that a nolle by law is not a discharge.

“The defendant will aver that the action by the police was done within the law and that there was no malice in their detention and arrest.

“The defendant will aver that the plaintiffs are not entitled to the claims sought in their statement of claim,” he submitted.

Mr Mucheleka, Small Medium Enterprises Minister Elias Mubanga, UPND national youth secretary Samuel Ngwira, Chinyimba Bwalya and Kelvin Kalusha Bwalya, sued the Attorney General, demanding damages for malicious prosecution and false imprisonment.

The Attorney General however denied the claims and stated that there was reasonable cause for the plaintiffs’ arrest and detention.

He explained that on September 13, 2020, the police received a report of aggravated robbery from the District Registration Officer, that UPND members had attacked and robbed the mobile registration office and damaged property.

He said it was reported that the said UPND members fled the scene after committing the said offence.

“The defendant will further aver that with the assistance of witnesses, police instituted investigations and recovered a generator at a house in Chilamba village which led to the detention and arrest of the plaintiffs herein,” he said.

Mr Kabesha said the National Prosecution Authority is mandated to prosecute matters of criminal nature when it has found reasonable cause to prosecute a matter.