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Music Producer Sues State Over Political Song Detention

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A United Party for National Development (UPND) member and music producer, Gift Hachilima, has sued the State, seeking compensation of over K3 million for alleged false imprisonment and malicious prosecution.

In a statement of claim filed before the Lusaka High Court court in which he is claiming K3,750,000,Hachilima asserted that he was unlawfully detained for 76 days in connection with the political song Lungu, which was released during the 2021 general election.

According to the claim, on March 28, 2021, Zambia Police officers arrived at his residence in Macha Hospital Compound, Choma, inquiring about a SIM card linked to an alleged offense.

After informing officers that he had purchased the SIM card in Lusaka but could not recall the seller, he was asked to accompany them to Choma Central Police Station.

Hachilima alleged that while en route, officers handcuffed him and later informed him that his arrest was not related to the SIM card but rather to the song Lungu, which was claimed to be defamatory to then-President Edgar Lungu.

Despite stating that he only produced the song for a friend, Augustine Kunda, he was detained without formal charges or access to legal representation.

The following day, he was taken to Kunda’s residence, where Kunda was also arrested.

Both were detained for a week before police took them to the studio where the song was produced.

Equipment, including a computer monitor, keyboard, and mouse, was confiscated for alleged forensic examination.

Hachilima stated that he remained in custody for two months before being taken to Choma Magistrate Court.

However, he claimed he was never arraigned and instead remained handcuffed in a police vehicle.

He was released on bond on June 12, 2021, alongside Kunda.

He further alleged that the matter was adjourned multiple times due to a lack of witnesses and that the seized computer was rendered defective, resulting in the loss of 150 client music projects valued at K75,000.

He also claimed to have suffered financial losses amounting to K76,000 in earnings from his music production business during his detention.

Hachilima is now seeking compensation for false imprisonment, malicious prosecution, and defamation of character, as well as damages for alleged torture, mental distress, and loss of income.

He is also demanding special damages amounting to K162,500, an order for interest on all funds found due, and legal costs.

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