NUMBER 30                                     AUGUST, 2001

Dear Advisor,

Before going any further, I am a boy aged 23. This year on 14/01/2001, I was detained as a suspect for eight days in cells on allegations that we broke into the neighbour’s house and stole everything therein. We were tortured badly without any evidence.

Please help me. How can I sue these people because I am innocent? The day the house was broken into I was not even there.

I have three witnesses whom I was with the night when things were stolen, including the brother of the wife whose house was robbed.

We were about seven (7) of us drinking beer all night until sunrise. On our way going home, that is when I found many people gathered, I went straight there to find out what was happening.

When I reached I was asked whether I had not seen the thief that used to leave at that house because he had stolen everything ( "Siuna muone kawalala unja wemene enze kukala pano, abba kantundu yoonse yamu nyumba").

Later, I was shocked to find that I was detained alone excluding my friends who were also suspects. Even my younger brother who was not there and his friend were also accused in the same case.

This has amazed us. Please help me very quickly. I will be waiting for your reply.

Yours sincerely

C. Nyambe.

Dear Nyambe,

Your possible causes of action are malicious prosecution against the owner of the house which was robbed or the person who reported you to police and false imprisonment and assault and battery against the police.

For you to succeed on the action of malicious prosecution, you need to prove that the person who reported you to police had no reasonable cause to believe that you would have participated in the robbery and that his reporting was done maliciously. For the action against the police officers that arrested and tortured you, such details should include full names, ranks and police station of operation of such officers.

However, particularly to prove assault and battery you need a medical report issued by a qualified medical practitioner confirming your having suffered bodily assaults. As regards false imprisonment, the fact that you were detained for eight days without appearing before the court is enough for prosecution.

Therefore, unless you were offered police bond within reasonable conditions and you failed to meet these conditions and thus delayed release, you have cause of action against the police.

Article 13 (1) of the Zambian Constitution guarantees the right to personal liberty. It provides that any person who is arrested or detained and who is not released should be brought without undue delay before a court or released either unconditionally or upon reasonable conditions. Eight days is by any standard unreasonable period of detention.

Help Me Get Back To Work

Dear Editor,

Upon receiving and going through your wonderful Newsletter, I remain with no option but to advance my grievance to your good office for assistance. I will not go into details in my writing for I do not want to bore you.

I was suspended from duty on April 24,1999 by the office of the Commissioner of prisons, Kabwe and I am still on suspension arising from a prisoner who sneaked from my custody but did not escape, he came back to prison alone and has long been discharged.

I have been suspended for 2 years now receiving half salary creating financial difficulties to my family. I did write to many offices including that of the Commissioner of Kabwe but nothing fruitful is forthcoming.

I heard that the commissioner of prisons, Mr Sinyangwe, is behind the suspension. He actually wanted me to be dismissed. When I contacted his office, all that I have been told is that my case is with the Permanent Secretary at the Ministry of Home Affairs, which I presume is not true.

I remain with no option but to address the problem to your good office seeking your assistance and your favourable response will highly be appreciated.

Yours truly,

Inspector Kenneth Kabungo

Chipata Prison.

Dear Inspector

I would have best advised you if you gave me the conditions of service which were obtaining in the prisons service at that time you were working. These would determine how your case should have been dealt with. However, whatever the case, two years suspension is unreasonable and if you sent us the full details we would be of assistance. In fact, since you are in Chipata you can contact our office, which is at Compensation House, first floor, next to Hillside Day High School.

Assist Me Clear My Name

Dear advisor,

We have heard about you, news is getting around and your educative magazine is found nearly in all hands of Chipata people. Thanking you the entire effective staff of your progressive organisation.

I am seeking your help and protection to get me cleared or be reinstated, after I have been tortured mentally, by Mr Jonathan Livingston who at one time was sued by Mr Evaristo Mulenga, the former accountant, for uttering racial remarks and was warned by a Ndola main local court.

I joined Wonder Foods, a Cowbell Milk distributor firm, as a merchandiser in the year 1995 and was later promoted to marketing supervisor. In the year 2000, June I was transferred by Mr Richard Allin to spearhead the sales operations in Chipata.

Upon failing to recover goods sold on credit worth K1,000, 000, himself, Mr Allin and I agreed that they recover this sum from my payroll effective October 2000. In the same month, Allin retired and Livinston took over the entire operations and I became subjected to threats from him.

On November 16, 2000 he came to Chipata from Ndola and gave me one week to prepare myself and leave for Kitwe on transfer.

On December 1, 2000, he sent a fax instructing me to go to Kitwe. Whilst trying to organise myself, I received a letter of termination giving a month and leave pay amounting to K600, 000 which was diverted to my loan account of K1,000, 000 leaving a balance of K560, 000 that I am owing them.

My employer also refused to give me a reference or certificate of service that I worked for 5 years saying it was of no use.

Please, LRF help me get cleared and probably get my certificate of service or be reinstated, so that I clear the balance of K560, 000.

Yours truly,

Langashe Kombe Malombolo

Dear Malombolo,

An employment contract like any other contract has options to parties, that is, the employer or employee to terminate it according to its terms. In your case you were not dismissed but terminated and were paid a month’s salary in lieu of notice and paid your dues less your indebtedness to your employer. This is perfectly within the rights of your employer.

With respect to testimonial, reference or certificate of character, section 79(2), of the employment Act CAP 268, of the laws of Zambia provides that an employer is not bound to give them.

However, under section 79(1), an employer is obliged to, on the termination of a contract of service between such employer and his employee give to such employee a certificate of service and failing to do so, the employer is guilty of an offence.

Therefore, if you want a certificate of service, contact our Chipata office, which is on the first floor of the Compensation House next to Hillside Day High School.