This appears not to have been done. Legally, if the warrants on which they are held have expired, as is the case now, there is no legal justification for the continued detention of the suspects. I therefore allow the Applicants for the habeas corpus in respect of Shadrack Zulu, David Mwanza, Samson Phiri and Buster Mudenda. I order that they be discharged. The Applicants have been held without trial for periods ranging from four to five years.
Personal liberty is one of the most cherished freedoms.
It can only be taken away in accordance with the law. It is allowed under our Constitution to deprive a person of liberty if they are suspected of having committed an offence and will be tried by courts of law. If a person is detained and not tried within a reasonable time, then they should be released unconditionally or upon reasonable conditions. In case of the three Applicants, it is like someone locked them up and threw away the key. A period of four to five year in custody waiting trial is, by any stretch of imagination unreasonably long and inordinate delay.