Hertta-Maria AmutenjaÂ
The High Court has ruled that subpoenas issued by AR’s leader, Job Amupanda in the ongoing “Red Line” case are irregular and void, citing non-compliance with procedural deadlines set by the court.
Vice-President Netumbo Nandi-Ndaitwah and former Justice Minister Sacky Shanghala were among those subpoenaed to testify in the constitutional challenge brought by Amupanda against the Veterinary Cordon Fence, known as the Red Line.
The subpoenas, issued on 16 January 2025, came over a month after the court-ordered deadline of 13 December 2024.
“The subpoenas issued out of this court by the plaintiff are not in compliance with the court’s instructions of 19 November 2024 and are therefore irregular and disregarded as void,” said Judge Shafimana Ueitele.
No explanation was provided for the late issuance.
The court also highlighted procedural irregularities throughout the case, including dissatisfaction with a draft pretrial order and the plaintiff’s attempts to vacate the trial dates.
Despite these setbacks, the trial remains scheduled to proceed from 20 to 31 January 2025.
Judge Ueitele’s ruling clarified earlier court orders, reiterating the importance of adhering to procedural rules to ensure the case’s efficient progress.
The revised orders stressed that all procedural matters, including subpoenas, should have been finalised by the 13 December 2024 deadline.
This case revolves around a Rule 20 application previously granted in Amupanda’s favour. While the defendants were allowed to appeal, the court emphasised that procedural compliance was essential for the trial to proceed.
Amupanda is challenging the legality and constitutionality of the Red Line, seeking its removal within 90 days and an order to stop officials from confiscating red meat for private consumption.
The former activist argues that the fence is a discriminatory relic of colonial rule that violates constitutional rights.
