NUMBER 30                                     AUGUST, 2001

By Delphine Hampande

FOUR men suspected to have been mad at the time they committed the crime of murder have been detained for the past four years without knowing their medical results after going to Chainama Clinic for mental assessments.

The men, who were arrested four years ago and underwent medical treatment at Chainama clinic for eight months to two year, have now demanded for the release of their results because it has delayed their prosecution.

And the Legal Resources Foundation (LRF) has since challenged Chainama management to release the results as soon as possible as their delay infringes on their freedom of movement and maybe their right to a trial within resonable time.

The plight of the mad men in detention was discovered when LRF intern Mabvuto Sakala visited the prisons to find out some of the problems they were facing.

Facts of the matter are that Kwibisa Kamuya Dockens, Willy Petele, Lewis Mabwe, Tapelo Simushi and Sobani Nyenya between 1997 and 1999 committed murder except for Kamuya who committed arson.

Sakala said for Chainama to accept treating the men for mental assessments simply shows that the men were mad at the time they committed their offences, and the release of reports from the clinic will determine their current status, that is, whether they can stand trial or not.

Sakala wondered why the Chainama management had not released the reports so that the courts could set dates for prosecution.

He said that some of the men had been in detention for more than four years without being tried or convicted.

Sakala said according to the Law, any mad person who commits an offence must be examined and results be released within a reasonable time to ascertain whether at the time of committing the crime, that person was mad or not.

And if the results show that at the time of assessment, the man was mad then he is not fit and can not stand trial but can be detained at the President’s pleasure.

But if the clinic finds that the man was insane at the time of committing the crime as to be incapable of knowing what they were doing, if it’s positive, then they can be tried and use sanity as a defence against their offence.

African Countries Urged To Report Each Other’s HR Abuses

By Perpetual Sichikwenkwe

A Lusaka based lawyer has called on African countries to emulate Europe in reporting human rights related cases against other countries in order to protect rights of their nationals.

Enock Mulembe from the Institute of Human Rights and Development Trust [HURID] said there was need for African countries to take a leaf from European countries whom he said were serious in dealing with abuse of human rights in their countries.

Mulembe said this when he presented a paper at a Human Rights Reporting Workshop last month, organised by Zambia Civic Education Association [ZCEA] and Southern Africa Human Rights Non Governmental Network [SAHRINGON] at the American centre.

Mulembe said African countries had a tendency of not wanting to report other countries which violate rights of their nationals to the International Court of Justice [ICJ].

"African countries fear to report one another to the ICJ because of wanting to protect diplomatic and political affiliation with one another," Mulembe said.

He said there was need to stop the tendency saying protection of human rights is vital as it overrides politics of any country.

Mulembe added every country had a right to report any violation of its national as human life is very important.

He said if a country wanted to protect international diplomatic relations with another country, it would still use diplomatic ways of reporting other than leaving its peoples rights violated.

He said in a situation where another country observes that rights of individuals of another country have been violated that country has the right to report on behalf of another country.

Mulembe said time was now for African countries to accept adjudication of the interpretation of the International Court of Justice as a means of settlement of disputes concerning other countries.

L/stone Detective Muuka Disappoints LRF

By Perpetual Sichikwenkwe

Legal Resources Foundation (LRF) has expressed disappointment in the manner Livingstone Linda Police Station Detective Sub Inspector Muuka has been conducting himself when handling certain cases.

Livingstone paralegal Victor Chilufya told LRF News that they were disappointed with the manner Detective Muuka was conducting himself in a housing wrangle involving Mike Lungu of house no. N 56 Linda township.

The details of the matter are that Lungu has been occupying the house in question in the capacity of caretaker for the last ten years.

However, when President Frederick Chiluba announced the Presidential Housing Initiative to empower Zambians with houses, Lungu bought the house in the name of his friend who at that time was residing in Mambwa, Central Province.

When Lungu’s friend came back ten years later, he immediately reported the matter to Linda Police Station where Detective Muuka ordered Lungu to vacate the house immediately and later charged him with being in possession of property unlawfully acquired.

Chilufya, who intervened in the matter, advised Lungu to continue staying in the house saying the move by the deputy criminal investigations officer was outside the law.

Chilufya added that the police officer’s conduct amounted to abuse of power and that police officers had no authority to evict any person except the court.

After this did not work out, the said officer went to Livingstone City Council who also advised him to have Lungu evicted.

Chilufya again turned down the advice by the council arguing that since the house in question was sold they had no authority to evict Lungu and he warned them against misleading members of the public.

And when contacted for a comment, Linda police criminal investigations officer Walubita supported Chilufya saying as police they had no powers to order an eviction.

Walubita said other than the police, the parties involved should sort out the problem and if it fails the case can be taken to court.

Despite this advice, Detective Muuka has continued threatening Lungu that he would use force to have him removed.

But LRF has vowed to protect Lungu saying if the deputy CIO will act outside the law it will apply for an injunction to restrain anyone from evicting Lungu.

Police Advised To Enter Suspects In O.B

By Perpetual Sichikwenkwe.

Police Officers have been advised to enter details of every suspect in the Occurrence Books [O.B] at police stations if they are to work professionally.

Legal Resources Foundation [LRF] Chilenje paralegal, Beatrice Ngoma, said entering suspects in the O.B. would make it easy for police to identify suspects if they run away because they would have all the details of that person.

Ngoma told LRF News the Foundation was getting concerned over some police officer’s habit of not entering suspects taken to police stations in the Occurrence Book.

The O.B is a book where a suspect’s details are written down including his names, fixed abode, case committed and occupation.

Ngoma said the habit of not entering suspects in the OB makes it difficult for the officers to locate suspects once they run away from the station saying it was total negligence of duty.

She was referring to a case in which a Chilenje man complained about police’s negligence of handling cases reported to them.

The man complained when he woke up one day and discovered his property had been stolen, he reported the case to Ibex police station where he helped police to apprehend the suspects.

The suspect was put in detention while waiting for the day when they would interrogate him. The following day, the suspect was told by one of the police officers to do some cleaning around the station.

In the process of working outside, the suspect decided to run away as there was no one guarding him.

When the complainant went to the station on the day he was told by police, he was surprised to find that the suspect had disappeared.

He asked the police that they look for the suspect but this was in vain, as the officer who was on duty the day the suspect was caught did not enter his details in the OB.

The man felt it was not fair for the police to show negligence over such serious issues by not entering the necessary details in the OB.

Ngoma said cases of such nature were on the increase and the police service must do something about it if they were to work professionally.

She said one of the reasons of entering suspects in the OB was to make it easy for them to catch the suspect in case he escaped.

And when contacted for a comment, Police Spokes person Lemmy Kajoba said it was surprising to learn that police officers were not entering details of suspects in the O.B.

Kajoba appealed to members of the public to report such cases to police officer* in charge so that such erring police officers can be dealt with.

Immigration Asked to Find Suitable Place for Asylum Seekers

By Delphine Hampande

The Legal Resources Foundation (LRF) has asked the Immigration department to find a suitable place for asylum seekers who are detained when found with no documents.

The organisation has also urged the Zambian Government to fasten the process of sourcing funds for deportation.

LRF intern Grace Zulu said the foundation through its continued prisons visit programme discovered that the Immigration department has been detaining asylum seekers without documents, a situation she described as being unfair because they mix with criminals and get exposed to a lot of diseases as the place was congested.

She said it was wrong according to International Law which did not allow asylum seekers without papers to be detained in prisons mixed with criminals as they were not criminals.

" It is not fair to treat asylum seekers without documents like criminals because by doing that you are exposing them to a lot of bad things, in other ways they are being punished for the crime they have not committed," Zulu said.

She observed that there were many asylum seekers detained in prisons without documents not because they were doing it deliberately but it was the manner in which they were leaving their country as most of them came from war-tone countries.

Zulu said the other saddening thing was that once they detain them, they take too long to fish them out, two to three years.

She emphasised that until the department finds a suitable place for asylum seekers, their rights to freedom would continue to be infringed.

Police Cover Up for Rapist

By Madube Pasi Siyauya

Emmasdale police officers are said to be covering up for a juvenile rapist who is a son to a fellow police officer.

The uncle to the juvenile Simon Gondwe reported the matter to the Legal Resources Foundation (LRF) Chaisa Legal Advice Centre that only two of the three suspects have been arrested.

Gondwe requested LRF to assist him transfer the case to Central Police because the police in Emmasdale told them they would not go far with the case.

The facts of the matter are that on July 30, 2001, a minor from Lima Township went to draw water in the neighbourhood. Three males from her Church called her. One of them was a minor, the other two were identified as Alick and Gift. The other minor is said to have been her ‘boyfriend’.

When she got to them, the men asked her where the other "prostitutes" (meaning the ‘girlfriends’ to Alick and Gift). The young woman informed them that they were at home. They told her that they would then work on her.

They dragged her behind Wilikiti building in Lilanda in a sugar cane plantation.

The men took turns raping her and Gift allegedly stabbed her with a knife in the head and she lost consciousness.

When the neighbours found her the following day, she had gained conscious and was naked. They took her to their home and called her grandmother Christina Gondwe who is her guardian.

The grandmother and uncle Simon reported the matter to Emmasdale Police Station before taking her to the University Teaching Hospital.

The three men were arrested but Alick was not interrogated. He was released the same day because he is a son to a police officer. The other two were released two days later on police bound.

Police officers at the police station are said to be telling Christina and Simon that the case will not go far. This prompted them to report the matter to LRF on August 8,2001.

LRF Intern Moses Chitambala said he is seeking to establish whether the sureties that signed the bonds were correct and have the matter transferred to Central police.

Set Court For Elections

By Perpetual Sichikwenkwe

The Zambia Republican Party [ZRP] has said there is need to set up a court specifically for election disputes that would occur in the forthcoming presidential and general elections.

ZRP member Ntondo Chindoloma said this during a discussion on the proposal by the Electoral Commission [EC] to establish a committee for conflict management in the electoral process.

He said there was urgent need to set up a court that would look into cases of violence that erupt during the campaign and election period.

Chindoloma said the ordinary courts take long to solve cases that arise before, during and after elections therefore the need to set up a court specifically for elections.

He observed though that the proposal by the EC to set up a committee for management conflict in the electoral process would only be effective with a legal backing.

"Unless there is legal backing approved by Parliament, the setting of the committee would be irrelevant and a sheer waste of time," Chindoloma said.

He added that on several occasions reports concerning violence during elections have been tabled to the EC but nothing tangible has been seen.

And United National Independence Party (UNIP) General Secretary, Mulondwe Muzungu welcomed the initiative but said there was no guarantee of the committee being effective as the major player [MMD] was missing from the discussion.

Other participants suggested that the discussion be postponed because the MMD was not present and yet they were the biggest violators and whatever was discussed and agreed would have to be okayed by the government before being implemented.

Earlier, ECZ chairperson Judge Bobby Bwalya told the gathering that the proposed committee would deal with minor elections violation that happen at district and provincial levels.

Bwalya cited the case of the Chawama by-elections where he said if the committee was in place such violence would have been avoided.

At the end of the discussion, the parties agreed that they should have 32 representatives on the committee with a number of non-governmental organisations that deal with dispute resolutions.

Mini Bus Driver Seeks Compensation From P/officer

By Perpetual Sichikwenkwe

A mini bus driver is demanding compensation from a Woodlands Police officer who fractured his right foot.

Lamus Kunda of Mtendere house No. B 817 is asking Legal Resources Foundation [LRF] to help him get compensation from the officer who used a short baton when he was waiting for his charge at the Police station.

Facts of the matter are that Police Road Traffic officers from Woodland Police Station had Kunda’s bus LK 371 impounded on allegations that Kunda had contravened a road traffic regulation whilst on the road.

The bus was driven to Woodlands Police station where Kunda was told to pay for his wrong.

Kunda informed the owner of the bus about the development who advised him to pay part of the money he had earned for that day.

He was advised to wait up to about 17:00 hours. As Kunda sat together with his colleagues who were facing similar charges, a male traffic police officer, Chalwe, ordered the drivers to leave the office and wait elsewhere, Kunda was the last person to leave and was hit by Chalwe using a short baton resulting in a fracture on his right foot.

Upon realising that he had injured Kunda, Chalwe promised he would negotiate with him for compensation for the injury but todate Chalwe had not done so.

It is for this reason that Kunda sought intervention from LRF.

LRF Mtendere paralegal James Lumbwe advised Kunda to go back to the University Teaching Hospital where he was treated and get a comprehensive medical report indicating the degree of injury to help LRF claim compensation on his behalf.

LRF Opens Centre in Solwezi

By Delphine Hampande

GOVERNMENT has called upon the police service to act within the law and stop perceiving the Legal Resources Foundation as an adversary but as a watchdog over government human rights record.

North Western province deputy minister David Kambilumbilu made the statement in Solwezi when he opened LRF offices last month.

Kambilumbilu urged all residents to encourage people particularly those with legal problems to fully utilise the organisation regardless of political affiliation or social calling.

"The need for Legal Aid in this country is enormous and so LRF alone can not manage to meet the high demand from the public but through co-ordination with stakeholders, especially those already established, LRF workload would be lightened," he said.

The deputy minister has also advised the LRF not to discriminate against anyone but to accord an audience to any person depending on the nature of

their case adding that the protection of human rights is the basis of any democratic country.

And LRF vice chairman John Sangwa said the aim of the organisation was to keep everyone well informed by educating them in matters of human rights in order to reduce cases of human rights abuse.

Sangwa said where people were enlightened about their human rights very few would be abused but where they were ignorant, a lot of people take abnormal situations as normal and eventually die with it, a situation he described as unfair.

Man Illegally Detained For 12 Days

By Delphine Hampande

A Man who was unlawfully detained for 12 days at Ibex Hill police station has commended the Legal Resources Foundation for assisting him.

The LRF has since sued Constable Kwesa who unlawfully detained Peter Kaluyi of Lusaka’s Chawama compound last month.

Kaluyi’s brother Phinius told the LRF News that his brother was on July 23, 2001 around 21:00 hours picked up by police after a man of Chinese origin whom he was doing business with reported him to Ibex police for theft.

The issue is that Peter Kaluyi and a Lusaka based Chinese man, a manufacturer of Cooking Oil, went into a business contract so that he could start supplying him with the oil.

After some time, the Chinese man supplied Kaluyi with poor quality oil which resulted in him not paying the K550, 000 owed to the Chinese because he had not sold the oil and he also lost his K400,000 capital.

It was at this point that the Chinese decided to report Kaluyi to Ibex Police station where Constable Kwesa detained him for 12 days without being given a warn and caution statement.

But when LRF intervened, Kaluyi was released on bond immediately.

LRF Chawama advise centre paralegal Ernest Mukelabai said it was a pity that police have concentrated on debt recovery than combating crime that was on the increase.

Mukelabai has since advised them to leave the task of debt recovery to courts as it best suits them.

Woman Burnt As a Form of Torture

By Madube Pasi Siyauya

A woman of Kinnerton Farm in Kalomo was in April this year beaten and left to sleep near a fire that burnt her.

Sophia Siansalama, who reported the matter to Livingstone LRF Advice office in July, said six men approached her at the farm and asked for Siansalama’s farm. She told them that was the place.

The men told Sophia that they were from the Ministry of Agriculture and were conducting inspections on the farm. The men later told her that they wanted to see Dorica. She told them that there was no one by that name.

The men insisted that she was Dorica and they accused her of being a witch who bewitched Sibwenjilo’s son. The men apprehended her and took her to Sibwenjilo’s village were they handcuffed her and beat her up while they poured water on her body. The witch finder Zyalangana was among the group.

A message was sent to Sophia’s village while four men guarded her in the night near a fire that burnt her right leg.

The following day, she was taken to Kalomo General Hospital where she managed to report to the police who arrested the four men.

The police assured her that they would arrest the remaining four men. On May 10, 2001 the accused did not appear in court and the matter was adjourned to May 17. On the 17th the matter did not take off again because one of them was hospitalised. It was adjourned to July 22 where it did not take off again because civil servants were on strike.

Sophia reported the matter to LRF to assist her transfer the case to Livingstone. LRF paralegal Patricia Mundia Phiri advised her to have the matter in Kalomo since the civil servants had resumed work.

Widow Asked To Pay Cleansing Fee

By Perpetual Sichikwenkwe

A Lusaka widow has complained to Legal Resources Foundation [LRF] that her late husband’s relatives are demanding that she pays K250, 000 if she wants to be cleansed.

Rosemary Chilukutu of Chilenje South told LRF paralegal Beatrice Ngoma that her husband’s relatives demanded the money when they were reminded to cleansing her as the final ceremony after her late husband’s funeral.

Rosemary failed to raise the said amount and instead decided to take her late husband ‘s family to court. She won the case.

The Local Court directed the relatives of Rosemary’s late husband to cleanse her within fourteen days without charging her for anything.

Todate the widow has not been cleansed and the relatives to her late husband are at large but Rosemary insists that she be cleansed according to her Lala tradition.

Rosemary also said she wants to recover the property that was grabbed from her by the administrator whom she did not approve of.

Facts of the matter were that, in 1985, she contracted a customary marriage with Dauti Mandefu.

She brought in one child from outside wedlock and Mandefu had three children outside wedlock.

The duo did not have any off-spring during their marriage.

Madenfu was working for Lusaka City Council until when he retired shortly before he dead intestate.

An administrator, a brother to the deceased, was appointed without the widow’s consent.

Rosemary sued the alleged administrator for revocation and it was done.

The widow and the deceased’s son Victor were appointed to administer the estate. Victor got hold of the order of appointment and never gave a copy to the widow.

She complained that the household property that the deceased left had been packed up in the bedroom since the burial date of the deceased.

The alleged administrator grabbed the property from the widow with a claim that the widow never had any child with the deceased.

The goods were taken to Livingstone where he lives.

Rosemary has appealed to the foundation to help her be cleansed and get back the property from Livingstone.

Masiye Motel Refuses To Pay Worker Benefits

By Monica Kunda

An employee of Masiye motel has complained to the LRF that she has not been paid her benefits for eight years.

Mary Chilufya said her employers have refused to pay her what she worked for since 1993.

She explained that there were some shortages at Emmasdale Masiye Motel and as a manager to all Masiye motels, she was asked to account for it.

The matter was reported to the labour office who wrote several letters to the management of the company that the woman should get her benefits. She reported the matter to Matero police but no investigations were conducted. Thereafter she was forced to go on leave pending the case. Later, she received a letter that she should vacate the company house.

After seeing that things were getting worse she decided to lodge the complaint to Matero Legal Advice Centre.

Matero paralegal officer Mabvuto Banda wrote a letter to Masiye management to inquire on the matter. The management confirmed that they had terminated her employment and attached a statement showing her terminal benefits and agreed to pay her in three instalments. The first instalment was supposed to start on April 4.

Later the management refused to pay her terminal benefits claiming that she had a case to answer over the company shortages.

Banda said according to the employment Act when a person is on leave she is entitled to three Months full pay and half salary upon the extension of another three months.

Lilayi P/Officer Assaults UNZA Student

By Delphine Hampande

POLICE officers have been accused of being scared of taking legal action against their fellow officers found guilty of an offence for fear of victimisation.

The officers are said to be shielding the officers found breaking the law by detaining them temporarily and later releasing them without either opening dockets for them or following up the case.

The Legal Resources Foundation has since challenged the police service to fish out all officers operating unprofessionally because the few that were doing so were denting the image of the organisation.

This was revealed in a case in which Sergeant Chiti based at Lilayi Police camp assaulted Silumau Chirwa, a University of Zambia student on June 17 this year, after accusing him of inciting his friends to beat some police officers during a match played at Lilayi Police college between UNZA and Lilayi police.

Silumau said the fight started when a player from Lilayi got hurt in the game and this brought confusion but was sorted out immediately. Lilayi was leading.

He said when the students equalised, they started celebrating running about in the pitch and after a few minutes, he just saw Chiti grabbing him by his shirt and punching him saying that students were becoming stupid just because they won the match.

Silumau sustained eye injuries.

And according to the medical report obtained by the LRF News, Silumau sustained a deep cut on both his eye and cheek.

He said Sergeant Chiti was later apprehended by UNZA security men and later took him to Chelstone police station where he was detained briefly and later released the same day.

Silumau complained that from that time he had been trying to chase up the issue to make the sergeant compensate him for assault to no avail.

Kaunda Square Legal Advice Centre paralegal Adrophine Bubala is handling the case.

IDASA Impressed With LRF

By Madube Pasi Siyauya

The Legal Resources Foundation (LRF)’s rapid expansion programme has been described as dramatic by a consultant from an organisation called IDASA.

Derrick Marco who was in the country on institutional tutoring to LRF last month said in its quest to achieve its goal, LRF has made it possible for very citizen to have access to Law and get justice in abuses of human rights for the people in the rural areas and compounds.

He said the organisation was going through a challenging time to achieve its objectives with limited resources at their disposal.

He said he was particularly impressed with the commitment of staff especially the paralegals that sit in tiny offices.

He said that the commitment of staff is an indication that LRF would make it. He said he saw a lot of potential in LRF to utilise its national capacity to implement additional challenges.

He said an organisation such as LRF is very important in a country like Zambia, which is still undergoing development were people have no economic power to access legal support.

LRF has so far reached seven out of the nine provinces in Zambia.

Widow Wins Back House

By Madube Pasi Siyauya

Dorothy Sichone a widow with four children was assisted by Legal Resources Foundation to obtain possession of a house that was bought by her late husband Derrick Sichone.

Sichone was a lecturer at Kabwe Trades Training Institute and died in May 2000.

Before he was allocated the house, it was occupied by a retired senior lecturer Oswel Belt Mulenga who retired in 1993.

Mulenga thought that he was entitled to purchase of the house under the presidential directive on the sale of government pool houses.

LRF commenced action for possession of the house on behalf of the widow. The order was granted by Justice Tamula Kakusa on May 4, 2001. Sichone took possession of the house July 13, 2001 after LRF issued a writ of possession.

Mulenga had to be evicted from the house.

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