State allows Amos Chanda to travel for medicals but court says NO

State allows Amos Chanda to travel for medicals but court says NO

Lusaka, (31 May 2024)– Lusaka Chief Resident Magistrate Davis Chibwili says although the State has supported the release of Amos Chanda’s passport to allow him attend medicals in India for a 2019 preexisting condition, the court won’t release the passport until a local government doctor confirms the said treatment is necessary.

State prosecutor, Martin MAYEMBE from the ACC submitted that in the interest of justice and the sanctity of Mr Chanda’s health, the State won’t object to the application.

“We have looked at the affidavits and medical records by the applicant and we have no objections to the application in the interest of justice and the very urgent need for the applicant to attend his medicals abroad,” Mr Mayembe told the court.

But Magistrate Chibwili ruled that the release of the passport was his discretion and he would adjourn the matter until he summons a local doctor of his choice to convince him that the medical reports by the specialist Indian and British doctors were genuine.

This prompted Mr Chanda to ask the Magistrate to make a decision whether he was granting the application or not so that he could seek higher interpretation in the higher courts.

The Magistrate retorted that he won’t make any decision until a local doctor tells him if it was necessary for Mr Chanda to continue his preexisting treatment abroad or switch to the court’s monitored doctors at UTH.

Mr Chanda responded that it was strange that for purposes of his case, the subordinate court seemed determined to constitute itself as a “supreme court” whose decisions are final, to the annoyance of the court which insisted that it had discretion over his passport.

Mr Chanda then rose to inform the Magistrate that he was making a new application to withdraw the application for the release of the passport because he found the reasoning of the court quite extraordinary that his doctors of six years must be substituted for those preferred by the court.

Magistrate Chibwili then appealed to Mr Chanda to reflect deeply on his application to withdraw his application because the matter at hand was a serious one because it was about his health.

Mr Chanda insisted there was no point discussing his health in court without a clear position where the court would make a decision for or against the application.

Magistrate Chibwili then ruled that the application to withdraw the application had been granted and the passport will therfore not be release to Mr Chanda.

Mr Chanda has since 2018, attended special detoxification and two other procedures in London (UK) Hydrababd (India) and Pretoria (South Africa)


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