The LRF Newsletter

The three are Maria Chipendo, Jetrick Sithole and Andrea Tazwibinga, all Zambians by birth. The trio were released on the 18th of August 2000 after being exempted from deportation by the Minister of Home Affairs following an application by the Foundation and the Kabwata Catholic Parish.

They are believed to have served their jail sentences many months ago but were still being kept in prison as suspected prohibited immigrants.

When Maria was talked to, she said that she was arrested on 8th June 1998 at Gura’s Truck Inn in the industrial area when she was about to travel to Zimbabwe for business.

She was found in possession of forged travel documents both bearing her photos but different names. She was later sentenced to two years imprisonment.

Maria completed her sentence on February 28th 2000 and was still in prison until the day she was released. Speaking earlier in an interview with LRF she said she did not know why the State was keeping her in prison.

“I had two passports, Zambian and Zimbabwean .The reason why I used the two passports is that the Zambian one was easy to use in South Africa because the treatment that Zambians are accorded in South Africa is different from Zimbabweans,” said Maria.

She said that she bought the Zambian passport from a man on Katondo Street and never bothered to change the name. “I was arrested by immigration officers and charged with being found in possession of forged documents and sentenced to two years imprisonment.

“I finished serving my sentence in February but they kept me without telling me why I was being kept,” she said.

While in prison Maria gave birth to a baby girl who she named Dorcas. Dorcas was born in March 1999 and stayed in prison with her mother. But in July this year, she was diagnosed with tuberculosis (TB) and has since been put on treatment.

Commenting on the same matter Immigration spokesman, Danny Lungu said that Maria was released because of the appeal which was sent to the Minister by the concerned parties to exempt her from deportation. He said the three were given 60 days in which to apply for citizenship and that they were ordered to pay K500,000.

Mabvuto Sakala, LRF intern, who initially handled the case said that the State had no right to keep Maria in detention because she served her sentence.

“This person was born in Zambia, married to a Zambian and has been resident in Zambia for more than ten years. Maria’s parents are Zimbabweans and she is Zimbabwean by decent.

“However since she is willing to abandon it and adopt the Zambian citizenship then let her get what she wants,” Mabvuto said.

He said according to section 16 (2) (f) of the Citizenship of Zambia Act, Chapter 124 of the laws of Zambia, a person who is willing to renounce any citizenship which he/she may apply to the citizenship Board which may consider granting the application for registration as a Zambian citizen.

“As LRF, we issued an application for a Writ of Habeas Corpus in order for the High Court to determine the legality of the continued detention,” said Mabvuto.

The case was heard on 17th August 2000 before Judge G.S.Phiri. LRF lawyer Ngulube Anderson who represented Maria said the Judge refused to grant the application for leave to issue the Writ of Habeas Corpus.

He had intended to appeal to the Supreme Court against the order but before he could do that, Maria was released.

Similarly, there was an application in the High Court for Habeas Corpus in respect of Sithole and Tazwibinga. Judge Elizabeth Muyovwe granted leave to proceed with the case and it was scheduled to be heard on 14th September 2000 but they were released on 18 th August..