Former Petauke Central Member of Parliament Emmanuel Jay Jay Banda’s mother has taken his detention to the Lusaka High Court, seeking to compel those holding him to produce him before the court and explain the legal basis for his continued detention.
Grace Banda has applied for a writ of habeas corpus following what she describes as unsuccessful attempts by the family to locate and gain access to her son since his apprehension in Mozambique on October 14, 2026.
In an affidavit supporting the application, Mrs Banda says she visited several police stations on October 16 in an effort to see her son but was informed that officers were not ready to grant her access to him.
She further states that she instructed her lawyers to write to Inspector General of Police Graphel Musamba, requesting his intervention to facilitate access to her son. According to the affidavit, that request has not been granted.
The family also alleges that Banda is being held at an undisclosed location and has not been formally charged with any offence since his apprehension.
Mrs Banda says neither she nor any other family member has been provided with details of the alleged offence, a warrant of arrest or a detention order.
The application argues that the circumstances surrounding his continued detention raise concerns about its legality and constitutionality.
Through the habeas corpus application, with Attorney General Mulilo Kabesha named as the respondent, the family is asking the court to require whoever has custody of Banda to produce him and justify his detention.
A writ of habeas corpus is a legal procedure through which a court can require a detained person to be brought before it so that the lawfulness of their detention can be examined.
The application places the legality of Banda’s continued detention before the court, with his family seeking judicial intervention over his whereabouts and access to him.
