The LRF Newsletter

he Legal Resources Foundation (LRF) intern, Mabvuto Sakala, has challenged the Immigration Officer’s decision of declaring a 17-year-old boy a Prohibited Immigrant (PI). Sakala was refearing to a case of Ngoi Yibi of Kanyama Compound who was arrested by Immigration Officers.

Speaking in an interview with LRF Ngoi said on 3rd September last year the Immigration Officers went to his house. They alleged that they had suspected him of possessing stolen properties. In the process of searching the house, the Officers found Ngoi with forged travel documents. He was arrested, charged and taken to Lusaka Central Prison.

Ngoi said on several occasions he was taken to court and was eventually convicted.

He was thereafter given 3 options, to go on suspended sentence for 12 Month, be sentenced to 6 months in prison or to pay K200,000.

Ngoi decided to pay them K200, 000 on condition that he should be released. “Instead of releasing me, the officers declared me a PI from Congo,” he said.

Ngoi claimed that his father is from Congo but his mother is from Petauke. He said that he does not understand how he can be declared a PI.

The LRF took up the case and argued that any person born in Zambia is entitled to Zambian citizenship. As such Ngoi should not have been declared a PI. Sakala said that the law also provides that any person who has one Zambian parent and is less than 21 years old has a right to choose whether to be a Zambian or not. Since Ngoi is less than 21 years old, he has an option to choose whether to be a Zambian or a Congolese. With the help of the LRF, Ngoi was released on 6 th June this year-

And in another case Musangu Chipango of Mapesa Farm in Luanshya was picked by Immigration Officers and put in detention. The Immigration Officers alleged that Chipango was not a Zambian. They thereafter detained him for 5 days and was only released when his uncle Mr. Maketo intervened in the matter. The Officers are said to be still carrying out investigations.

LRF lawyer Abraham Mwansa said he would prepare a writ of summons against the officers and the State.

He said the Foundation would not in anyway interfere with the investigations that any authorised Officer is carrying out. “The law states that an accused person should be apprehended, arrested and detained. The exercise should be carried out in a lawful way. Thereafter he must be taken to court within 48 hours of the arrest”. Mwansa said

He added that if an accused person is unlawfully detained, he can seek damages for unlawful detention in the courts of law. He has called on the police to investigate matters before taking any action