NUMBER 42                                    August, 2002

By Madube Pasi Siyauya

The Director of Public Prosecutions (DPP) Mukelebai Mukelebai has refused an application by the Legal Resources Chambers (LRC) to privately prosecute alleged torturers of those accused of being involved in the 1997 coup attempt.

LRC had sought to prosecute the persons mentioned in the Japhet Banda Torture Commission Report as persons responsible for the torture of the treason accused by way of private prosecution.

LRC Livingstone Legal Advice Centre Supervising lawyer Clement Tafeni said LRC reached this decision after the regular police failed to arrest and prosecute the alleged suspects who are now serving as high ranking officers in the police, army and intelligence services.

In a letter dated July 26 2002 to the LRC, Mukelebai said his office would prosecute the officers after a regular complaint had been formally made to the police by any of the victims.

LRC had obtained signed complaints from some of the victims, One of whom is Major Belix Mutale who was acquitted of the treason charges.

Commenting on the DPP's refusal, Tafeni said it had been over a year since the torture report and the DPP has always had the mandate to prosecute the alleged torturers. He said one wondered why the prosecution had not commenced when the matter is of public interest.

"The rule of law is seriously undermined if people who deliberately transgressed the law are allowed to walk the streets freely instead of being answerable to justice," he said.

Tafeni said LRC would like to see the DPP act with the same zeal as he is doing in corruption cases. "We have seen the DPP in the past engage private lawyers to assist them prosecute high profile cases, I fail to understand why he turned down our offer to prosecute torture cases," he said.

Tafeni said the previous government disregarded recommendations by the Commission that the alleged torturers should be retired in the public interest.

Some of the officers have since been retired by Mr Mwanawasa’s Government but they have not been prosecuted.

Commenting on the issue, Mukelebai said the duty to prosecute is vested in him. He said the victims should have lodged a complaint with the police who would have acted on the matter. He said the police told him that there was no such complaint.

He said in the past his experience had been that people apply for private prosecution and abandon the case on the way, a situation that has made him reluctant to allow such prosecutions.

He said the best that LRC could do is to carry out an investigation and submit the results of such investigations to his office or the police. He said after he saw the results he could authorise the private prosecution of the alleged torturers of the treason suspects.

"We can not rely on the Japhet Banda Torture Commission Report. The LRC has to carry out investigations and submit the findings with all documents such as medical reports to my office," he said.

Enforce Local Courts Judgements To Reduce Appeals

By Perpetual Sichikwenkwe

There is need to strengthen the enforcement powers of the Local Courts if there is going to be a reduction in the number of cases that proceed to higher courts on appeal, Legal Resources Foundation (LRF) has observed.

Kitwe LRF paralegal Vincent Kapundu observed with great concern that a lot of cases would always be considered for appeal as long as enforcement of local courts judgements remained weak.

Kapundu said in most cases, bodies empowered to enforce the judgements or orders inadequately do so resulting in aggrieved persons seeking intervention of higher courts.

He was reacting to a case in which three sons appealed to the Foundation to help them get maintainance from their father.

The three claimed their father David Kazumba, a Chingola Businessman, does not support them.

Efforts to get Kazumba to start maintaining his children through the local courts on several occasions proved futile as Kazumba is alleged to have refused to

attend court sessions.

One of the Children David Kazumba junior said problems worsened when their mother became ill and suffered partial paralysis.

He said this forced him to stop school so he could fend for his brothers and sick mother until March 2002.

David narrated that his two brothers went with an aunt to the village while they put the house they were leaving in on rent with a view of raising money for him to go back to school.

Soon after this, a brother to Kazumba's current wife went to him and gave him 3 months notice in which to tell his client to vacate the house as he alleged that he was the owner of the house.

It was in this vain that the children sought help of LRF.

Kapundu wrote letters to Kazumba requesting him to give his position regarding maintenance of his children but he never responded.

Kapundu advised David to take the matter to court but was quick to inform him that one problem he would face with an action in the local court was enforcement of court decisions as was experienced by his mother.

Kapundu informed him that apart from that they would face complications through Maintenance and Affiliation of Chilldren's Act as he would not be able to satisfy some of the conditions therein.

He said it was a punishable offence for a parent to desert a child.

Matero P/officers Kill Taxi Driver

By Monica Kunda

Matero Police officers recently shot a 22-year-old taxi driver for no clear reason and he later died at the University Teaching Hospital.

Mbita Simwinga of George Compound in Lusaka, who was using vehicle Registration number AAH 2903 belonging to his father, was on Sunday August 11, 2002 around 19:00hrs shot twice by four police officers and he later died in Hospital.

The incident happened in Lilanda Compound when Siminga in the company of John Siame his friend took a customer to Kawama.

As they approached the customer's house, they noticed a car parked at his house.

Simwinga then by passed the house and went made a U turn.

When the car stopped, the customer paid the money and came out. Simwinga then drove away but before he could go far, he heard a gun shot. He stopped to see what was happening and he noticed police officers advancing towards his car. They ordered the two out of the vehicle and the first person to get out was Siame.

The officers fired a shot at Siame but missed him as the bullets. Simwinga came out next and was shot twice (in the hips and the chest). He then fell to the ground.

One of the police officer went to where Simwinga was lying and said he would finish him off.

When Siame heard that he pleaded with the police officers not to kill them because they were not thieves but Taxi drivers.

They then instructed Siame to put Simwinga in the vehicle and drive the vehicle to the police station. Looking at the condition of his friend Siame asked the police officers to allow him take Siminga to the hospital but they refused and went to dump him at Matero police station.

Before they could leave the station, one police officer who knew Simwinga gave some money to Siame and told him to go and inform his family.

Later a police officer on patrol helped Siame take Simwinga to University Teaching Hospital (UTH) but it was too late. Simwinga died the following day in hospital.

On August 14 Jonathan Simwinga the father of the deceased approached Matero legal advice centre to help him bring the four Police Officers to book.

He said the police are not willing to give the family a report of what happened. He added that it was unlawful for police officers to shoot people who are not armed. LRF Matero paralegal officer Lillian Mutambalilo is handling the case.

Enforcement of Law In Zambia Not Adequate -LRF intern

By Monica Kunda

A Legal Resources Foundation intern Anna Spain has observed that the enforcement and implementation of the law in Zambia is inadequate.

Speaking during an interview with LRF News before leaving for America, Spain said there is need to strongly look at the present Constitution if the law is to work effectively in the country.

She said most of the laws in Zambia make sense on paper but the interpretation is based on who is the most powerful person in society.

Spain also observed that the Zambian government was trying to identify which laws could work better in the country.

"When doing my research I came to understand that people in Zambia are still trying to see which laws should be put in place. The example I can give you is the one of death penalty on an aggravated robbery charge. A few years ago a person who was found guilty of committing this offence was sentenced to 15 years imprisonment but the sentence has now been extended to death penalty," she said

She added that the sentence has been over extended which is an indication that the Zambian government is trying to see whether that sentence would reduce the number of crimes committed using fire arms.

During her attachment, Spain who is an American national visited Chawama centre in Lusaka and Livingstone centre in the Southern province.

She was shocked to see a lot of people flocking to the centre to seek legal advice saying this was an indication that many people in Zambia are aware that the law can serve them.

She said in Livingstone there were a lot of cases that required more mediation than going to court. Spain was on attachment at LRF from June 8 to July 20 this year.

During her attachment, she worked at the secretariat in Lusaka where she was given some assignments to do. One of the assignments included a research on the death penalty.

She also went to the High court and Magistrate courts on several occasions. Spain said she learnt a lot from the courts and was shocked to find out that Legal Resources Foundation in Lusaka is doing more in the area of sensitising people on legal issues despite the limited resources it has

She appealed to the donor society to give the association more resources like books.

LADA Urges Parents To Protect The Girl Child

By Perpetual Sichikwenkwe

The Law and Development Association (LADA) has appealed to Zambian families to protect their girl children from sexual harassment by teaching them about the dangers associated with it.

The Association says it is the responsibility of every family to guard their girl child jealously and report all sexual abuses when informed by their children.

LADA was reacting to a case in which a 15-year-old Grade 7 pupil at Choongo Basic School, west of Monze, refused to be sexually abused by her 72-year-old uncle.

The girl told LADA paralegal Hatimbula that on July 15, 2002 when the girl's uncle Noah Moonga recovered from a long illness, he requested her to get maize from the house so she could have it ground at a nearby village.

Immediately she entered the house, Moonga followed and asked her whether she wanted a vanilla biscuit. The girl said she did not but her uncle offered to give her money, which she also refused.

When Moonga realized that all simple avenues of seducing the girl were failing, he exposed his genitals and held the girl's dress up her thighs and attempted to force himself on her. The girl pushed him away but Moonga told her that her mother had asked him to check on the girl's breasts to find out if she was pregnant.

When he touched the girl's breast, she ran outside and called for help. The girl explained the episode to her mother and the matter was reported to the village headman who refused to render any assistance because he was scared of Moonga.

The matter was reported to LADA Monze office where the girl wanted to know why her uncle nearly defiled her. She said she no longer wanted to live with him.

When interviewed by Paralegal Hatimbula, Moonga admitted to have attempted to defile the girl and gave a defence that he was tempted by the devil to do that.

The matter was referred to the police.

LRF Takes The Law To Copperbelt Schools

By Perpetual Sichikwenkwe

The Legal Resources Foundation (LRF) has embarked on an outreach program in schools on the Copperbelt to sensitise pupils on various aspects of human rights and the law in general.

Pupils in schools, which LRF has visited so far, have shown interest and tabled complaints on various legal issues.

One of the schools visited by LRF paralegal Paul Hibwengwa is Lubuto High School in Ndola. The pupils have since formed a Human Rights group to promote a human rights culture in their communities.

And Kitwe residents have appealed to LRF to bring back 'The Law And You' a radio program, which discussed different legal topics. Several people have written to radio Icengelo, which was presenting the program while others stormed LRF Kitwe offices requesting for the continuation of the said programme saying it educated them on many legal matters.

The programme was aired in English on Radio Icengelo every Wednesday for a period of 8 weeks from March to May 2002.

The listeners proposed to LRF that the programme be aired in Bemba to enable those who do not understand English to benefit.

LRF Kitwe paralegal Vincent Kapundu told The LRF News that it was the desire of the Foundation to educate the community on their rights and promote a human rights culture.

Kapundu said the request by Kitwe residents was noted and efforts would be made to bring back the programme.

Mother Burns Daughter over Man Friend

By Madube Pasi Siyauya

A 14-year-old Livingstone girl had boiling water poured on her by her mother because she suspected that she had a man friend.

The girl, Maggie Chewe, was burnt after her mother saw her talking to a man who had sent her to call some women in the compound. She said her mother, Maggie Mwansa Nzimunya, thought the man was her lover.

This matter came to light after the stepfather to the girl Lasto Nzimunya reported to Livingstone Legal Resources Foundation (LRF) Legal Advice Centre Paralegal Patricia Phiri that Linda police officers arrested and battered him without charging him.

When Phiri followed up the matter at Linda Police, the officer in Charge Assistant Superintendent Kikuka told her that a concerned member of the public called the police and told them that there was a girl who was burnt by the mother and gave details of the house number.

The informer told the police that the girl was burnt by the mother four days earlier and the mother left her suffering in the house and went to Zimbabwe.

The police took the girl to Livingstone General Hospital on July 26, 2002, and since then none of the parents had gone to visit her. Kikuka told Phiri that the police were still looking for Nzimunya because he did not sign anywhere to show that he had been released and he, Kikuka, wanted to find out from him whether he had bribed the police in order to be released.

Phiri visited the girl at the hospital who confirmed what Kikuka told her. Phiri also asked her if she had any other relatives, the girl gave her the particulars of her elder sister who has since been visiting her in hospital.

Police Arrest Worker, Boss In Connection With Aggravated Robbery

By Perpetual Sichikwenkwe

Police in Chipata are alleged to have arrested an employee whom they found preparing to go in the field with his boss in connection with his employer's alleged involvement in a case of aggravated robbery.

The two were picked up from Kauzu Farm to Chipata Central police station where they were detained for a number of days.

The employer Patrick Chirwa told LRF Chipata advice centre paralegal that on July 3, 2002 while preparing to go in the field around 05:00 hours they were accosted by 5 plain clothed police officers and all but one of whom were armed.

They told Chirwa that he was under arrest because he was harbouring a criminal, only known as Aaron, of Katete to whom they claimed he had even given a gun. The officers inquired about Aaron's whereabouts. He explained that Aaron was a family friend whom he had not seen since June 28, 2002.

One of the officers, Nkhoma, asked Chirwa if he knew where Aaron resided in Chipata. When he agreed, they ordered him and his employee to direct them to the house.

Upon not finding Aaron home the policemen instead took the two to the police station and charged them with aggravated robbery. After this, the armed police officers left for Katete to fetch Aaron.

This was when CIO Mulenga informed them that on June 23, Chirwa with Aaron were involved in a robbery.

The officers who went to Katete found Aaron who accepted knowing him as a family friend

When they were lined up for an identification parade, the victim of the robbery could not pick up any of the men as the assailants but the officers demanded that the parade be done more than 3 times.

Chirwa wants LRF to help him sue the officers concerned for unlawful detention. LRF is handling the matter.

Security Guard Shot On Duty

By Perpetual Sichikwenkwe

FOUR employees of Eastern Province Chambers of Commerce in Chipata are alleged to have shot a security guard who was on night duty after they accused him of being a thief.

But police have not taken any action despite the four admitting that they shot Tyson Phiri. The shooting also resulted in Phiri losing his job.

Phiri reported to Legal Resources Foundation (LRF) Chipata Advice Centre that Cephas Mvula and four others on March 1, 2001 while he was on duty around 01:00hrs heard people shouting thief at the Saturday Market.

Phiri said he immediately intensified patrols around Africare offices where he was guarding. He said he suddenly heard a gunshot and then he collapsed.

When he gained consciousness, he managed to crawl while shouting for help. A Project Coordinator Dr. Mathew Kabeta who was on duty in the next office picked him up and rushed him to hospital where he was admitted for 2 weeks.

When he was discharged he reported the matter to the police where a Criminal Investigation Officer revealed that the matter had been investigated and it was established that the gun used, was a rifle-375 adding that he had recorded a statement from Mvula and the others.

The CIO told Phiri that Mvula said despite Phiri being a guard and on duty, he was a thief who had stolen a bicycle.

He said in line with what Mvula and the group told him he wrote a letter to Phiri's boss who on April 9, 2001 terminated Phiri's employment.

Phiri told LRF paralegal Everisto Chulu that he wanted LRF to help him in seeking compensation over the shooting and also challenge his termination of employment from his employers.

Chulu told him that he had a reason for seeking compensation and challenging his dismissal because he was not given a chance to be heard by both the police and his employers.

NAPSA Act Discriminatory- Workers

By Perpetual Sichikwenkwe

Some workers on the Copperbelt have called for the review of the NAPSA (National Pensions Scheme Authority) Act, which they said has some discriminatory clauses.

They said the Act is discriminatory as it only gives a few categories of individuals their dues leaving out most of the contributors because they die before they attain the age of 55.

Dyke Mwenifumbo, a former employee of ZCCM, told Legal Resources Foundation (LRF) Kitwe paralegal Paul Hibweengwa that the Act was discriminatory in that when he retired in 1984, he was eligible under the Zambia National Provident Fund (ZNPF) Act for the Resignation Supplementary Gratuity (RSG) upon which two thirds of his terminal benefits were detained by the fund.

They explained to him that this was to enable him receive regular payments after attaining the age of 55 but he was only given K12, 000 because the RSG no longer exists under the new NAPSA Act.

Mwenifumbo wondered why the NAPSA Act has failed to cater for them when it was their investments which enabled the Fund to acquire assets on which the Authority today is enjoying secret profits

Some workers, who sought anonymity, said they are curious about their NAPSA contributions being submitted to the Authority more especially that they have been to NAPSA offices where they confirmed that their employers do not submit their contribution.

The workers called for the punishment of such employers saying CAP 256 of the Laws of Zambia, which is the National Pension Scheme Act at section 51, provides for stiff penalties for offences against the Act.

The workers said because of the current economic situation in the country, some employers are exploiting the situation by dismissing their employees at the slightest infraction.

Senanga man found in Possession of a baby's left arm

By Monica Kunda

A SENANGA man was last month found in possession of a baby's left arm by police officers.

Walubita Walubita of Limoneno Compound in Senanga was arrested by police officers for witchcraft. When he was taken to the police station the man was found holding a baby's left arm.

Walubita was taken to court on July 10 this year.

Western Province Prisons Commanding officer Vincent Simushombo confirmed to LRF that he had received a report but said the man has not yet been brought to the prison. The case is still in court.

LRF advocate Geoffrey Mulenga however said there was no law in Zambia, which prohibited possession of human parts, and even the Witchcraft Act did not provide for such an offence. He cited the example of a Lusaka man who was charged with murder after being found in possession of a human heart but was acquitted because the police could not prove that a specified individual had seen killed.

LRF Questions Court's Legality

By Perpetual Sichikwenkwe

The Legal Resources Foundation in Kitwe has questioned the legality of the court to allow a minor to sue someone in her own capacity.

The Foundation was reacting to a case where a Chililabobwe Magistrate's court asked a 15-year-old pupil Gift Kafula to sue her uncle for maintenance in her own capacity.

This was despite Gift's Aunt requesting the court that she sues on her behalf.

Kitwe LRF paralegal Paul Hibweengwa said the girl could have sued her uncle through a third party and not in her own capacity adding that doing so would result in procedural error.

Gift an orphan was allowed by the court to sue her uncle an administrator to her late father's estate after he failed to execute his duties as administrator.

She told LRF Kitwe Advice Centre paralegal Hibweengwa when she went to seek the Foundation's representation in court that her parents died in 1988 and her uncle was appointed administrator of her late father's estate.

Kafula explained that the estate of her late parents consisted of a commercial building and a house, which the administrator has since put on rent.

She said she sued her uncle among other things for child maintenance, as he has only given her K220, 000 since 1988.

Kafula said it was difficult for her to meet her educational requirements because her other relatives have other responsibilities to attend to other than that of helping her.

Kafula told Hibweengwa that despite her Aunt's concern, the court insisted that the girl appear in court in person.

The court has adjourned the matter on request of defendant's lawyers.

Kanyama Resident Wants P/Officers Arrested

By Monica Kunda

A Kanyama resident has appealed to LRF Kanyama Legal Advice Centre paralegal Johnstone Kalebaila to help him bring the police officers who tortured him to book.

George Simasiku said on September 12, 2001 as he was watching television at his home in Kanyama he heard a knock on the door. When he opened the door he was greeted with a slap on the face by a man he did not know.

Simasiku thinking thieves had attacked him, grabbed an iron bar used for barricading the door and hit one on the shoulder while the two men ran away.

After 15 minutes he heard another knock on the door. Simasiku hid in the bedroom thinking that the intruders were back. He then heard a gun shot outside and one-man ordering him to open the door and telling him that they were police officers.

The men broke the door and got in. There were six altogether-the two that had come earlier, another two uniformed police officers and two other men.

One police officer entered the bedroom and started beating him with a pistol. He was taken to the sitting room where he was again beaten.

After beating him the police officers got the iron bar and went away.

The following morning Simasiku went to report the case at central police where he was given a medical report.

The medical report shows that Simasiku had a red left eye and bruises on the back.

The docket was opened at the police station but later he was told that the docket went missing.

He opened another docket and was given a note summoning the police officers Sergeant Phiri and Constable Sionda. An eyewitness was called to the police station to tell them what happened. He said the two men who initially went to the house were not police officers.

He approached Kanyama Legal Advice Centre to help him get compensation for the eye and have the police officers and the men arrested. He complained that he is a businessman and the problem of the eye has affected his life. He said his health also has been affected as he is always in and out of the hospital.

P/Officer Beats Man Over Debt

By Delphine Hampande

A POLICE officer in June beat up a man he owed K10, 000 for asking for the money in a public place.

Inspector Sibanyati of Chalimbana police post got upset with Shebo Shebo when he asked for his money at a bar on June 22, 2002.

He accused Shebo of having embarrassed him, a senior man in the police service, in a public place. He told Shebo that he should have asked for his money in privacy.

The inspector then went ahead and paid back the K10, 000 but warned Shebo that he would deal with him severely for causing him such embarrassment.

Shebo left the bar around 22:00 hours and on his way home met two police officers Sergent Daka and Constable Mukuka who grabbed him and took him to Chalimbana police post where he was immediately thrown in the cells.

He stayed there for two hours and when he asked them why, they replied that they were working under Insp. Sibanyati's instructions and that he would deal with him later.

Inspector Sibanyati only arrived at the police post after three hours and started beating him using a big stick claiming he was disciplining him.

He was only rescued by Sergent Mudimina, who upon being told that Sibanyati was beating Shebo because he reminded him of a debt in public warned the inspector that if Shebo took the case to higher authorities, he (Sibanyati) would be cited for assault.

When the officer in charge chief Inspector Musimuko heard that Sibanyati had assaulted somebody, she called for a meeting where she advised Shebo to accept the K150, 000 offered as compensation but he refused.

Shebo reported the case to Kaunda Square Legal Resources Foundation paralegal Patrick Makani who was still handling the matter.

A medical report also states that Shebo was assaulted by known people and sustained cuts on his forehead, back of the head, swollen left arm and several body pains.

Witch Finder Sentences Offenders to Personal 'Prison’

By Madube Pasi Siyauya

A Witch Finder Emmanuel Dundu of Zibazako village in chief Nyawa's area is said to be sentencing people found guilty of witchcraft to his prison.

His recent victim Headman Solomon Siakanyana, 52,of the same village told the Livingstone Legal Resources Foundation (LRF) Legal Advice Centre paralegal Ernest Mukelabai that Dunda sentenced him to one month and three days imprisonment.

Siakanyana said the sentence occurred when his young brother Maxwell Siakanyana who was sick consulted Dundu about the sickness. Dundu alleged that Siakanyana was responsible for Maxwell's illness.

Dundu summoned Siakanyana to a trial were he found him guilty of witchcraft and sentenced him to prison.

He was later released on insufficient evidence. Siakanyana told Mukelebai that he was well at the time of his detention but while in detention he lost his memory and was very sick. He also complained that Dundu's watchman mocked him while in detention.

Siakanyana told Mukelabai that he wanted help from the LRF to take legal action against Dundu for false imprisonment, mental torture and defamation of character.

Mukelabai told The LRF News that his office is aware that many people especially in rural areas do not know their human rights.

He said it is important for the LRF with their limited resources to come up with educational campaigns to enlighten the rural population on their fundamental rights as enshrined in the Zambian Constitution under the Bill of rights.

Mukelebai advised Siakanyana that Dundu had no right to have imprisoned him because he is not a law enforcer or a court to judge him. He urged chiefs to supervise their subjects to avoid unlawful practices.

L/Stone VSU Officers Settle Rape Case Out of Court

By Madube Pasi Siyauya

Livingstone Legal Resources Foundation (LRF) Legal Advice Centre Paralegal Ernest Mukelabai has advised relatives of a 13-year-old girl who was defiled by her cousin not to settle the case out of court.

Mukelabai said the father to the victim Siasulwe, a Livingstone resident consulted Mukelabai on what to do with his 26-year-old named nephew, an employee of the Ministry of Health, who he left to look after his house and children. He said the named alleged rapist would walk into the bedroom of the girl in the night and rape her.

Another cousin to the alleged rapist said he found him red handed on July 12, 2002, on the bed of the girl and confronted him. Mukelabai advised the Father to the girl to obtain a medical report and report the matter to the police. After he did that, the accused was arrested and later released. But some police officers and the Victim Support Unit (VSU) advised the family to settle the matter out of court against the father's wish.

When Mukelabai contacted the Assistant superintendent Nawa who is heading the VSU on the matter, he too agreed that the alleged rapist be prosecuted.

LRF Lawyer Geoffrey Mulenga said the police have a mandate in certain specified criminal offences to promote reconciliation between the parties involved. He said this is applicable to minor offences such as assault and affray.

"They have no mandate to encourage parties to reconcile to settle out of court for serious offences such as defilement. It is a serious dereliction of duty for an officer not to prosecute a matter as serious as defilement," he said.

He added that such officers do not deserve to be paid a salary because they are doing a disservice to the public.

Employer Compensates Assaulted Worker

By Delphine Hampande

AN EMPLOYEE who was last month beaten by his employers has been assisted by Chawama Legal Resources Foundation Advice Centre (LRF) get his compensation.

Cecious Chisenga, who was compensated K600, 000, said he was forced to take his boss to task because he was in the habit of assaulting his workers over small issues.

Chisenga, an engine operator, said on June 3, 2002 his boss assaulted him after claiming that he had damaged the machine, which he left on for some time.

But Chisenga said at the time his boss checked on him he had gone to the toilet.

He said his employer Van Blerk, owner of Eureka Farms and others, decided to beat him claiming that the machine he left on got damaged.

Chisenga decided to report the matter to Chawama LRF in order to help him get compensated for assault.

On June 6 Blerk was called at Chawama LRF centre for mediation where he accepted that he was wrong and agreed to pay him K600, 000 as compensation

The Chawama paralegals said it was wrong for bosses to take the law in their own hands but seek legal advise if someone wronged him or damaged his items.

Chisenga, however, thanked the LRF for assisting him get his compensated.

Kasama Pensioner Wrongly Reported As Deceased

By Delphine Hampande.

Jolivas Kamushitu of Kasama was last month removed from the Public Service Pensions Fund Pay list after one of the workers lied that he had died.

Kamushitu of Mwamba Compound retired in 1961 and was paid his benefits. The Pensions Fund also started paying him his monthly contributions accordingly.

But things changed in September 2001 when the Pensions Fund withheld his contributions because one of the secretaries from Zambezi office said she had received a letter indicating that Kamushitu died.

Upon making several inquiries from the Kasama Pensions Office he decided to travel to Lusaka to find out why he had been cut off from receiving his monthly contributions.

It was from Lusaka office that he discovered his file was put under the deceased cabinet when he was still alive.

Pensions Board then made clarifications and calculations and then promised to pay him in arrears which todate he has not been paid.

It was for this reason that he decided to seek legal representation in order to assist him get his money.

Kasama paralegal Deogratious Mutale said he has since written to the Pensions Fund on the issue.

65Year Old Man Marries Girl, 15

By Madube Pasi Siyauya

A 65-year-old man of Nakamboma village, Chief in Nalubamba's in Namwala district, married a 15-year-old girl of the same village after the father of the girl consented to the marriage.

According to evidence presented in the Monze Magistrates court, on August 17, 2001 Simon Munakabanze got married to a named Grade six pupil at Nakamboma Primary School.

The girl told the court that her father died and her uncle Funwell Mwaanga with whom she lived with married her off to Munakabanze against her wish. Mwaanga did not tell her that he was arranging a marriage.

She said Munakabanze had sexual intercourse with her during the marriage. She was married from August 17 to September 12, 2001 when one Emmanuel Chisupa went and told her that she was wanted at the police sation.

At the police station she was told to stay with Mwaanga, a decision that made her happy because it meant she might go back to school.

The girl told the court that her mother Alice Moyo did not concert to the marriage. Munakabanje and Mwaanga were arrested and charged with abduction by the Monze Police Victim Support Unit (VSU) and later released on bail.

They both told the court that the girl consented to the marriage and that Munakabanze was charged eight heads of cattle and K89, 000 as dowry, which he paid in full.

Munakabanze also told the court that he married the girl under the Tonga Traditional Customary law under which there was no offence committed.

In a judgement that was passed on January 8, 2002 both accused were acquitted of the charge.

Legal Resources Foundation (LRF) Lawyer Geoffrey Mulenga said the LRF would like to have the 'Case Stated' in the High Court. He said this is a procedure provided for in the Subordinate Court Act where the High Court will look at the proceedings of the case and state its opinion on the matter.

Mulenga said the case brought into sharp focus the dilemma of legal dualism in Zambia, which on one hand recognises the validity of the customary law and on the other, recognises the formal legal system.

PSPF Workers Accused of Being Corrupt

By Perpetual Sichikwenkwe

An administratrix, who is struggling to get death benefits for survivors of her late younger brother, has accused the Pensions Service Public Fund workers of being corrupt.

Judith Musabila says the inefficiency at the Fund is deliberate because some staff have a tendency of asking for bribes before or after serving retirees or administrators for the deceased.

Musabila said only those who have money to bribe workers at the Fund mainly before getting their benefits were given their money within the expected time.

She described the whole system as horrible.

Musabila is the administratrix of the estate of her late younger brother Daniel Musabila. She told Legal Resources Foundation (LRF) Mtendere paralegal James Lumbwe that her late brother died in 1996 after working for 15 years as a teacher in Kitwe.

She explained that after the death of her brother, she went to the Fund where she was told the procedure of getting the benefits.

She was told that the regulations for obtaining death benefits are that, the administrator/administratrix is supposed to first appear before the Death Benefits Distribution Committee to clearly explain her appointment and the documents required before one could be paid benefits but the same procedure was not followed.

Musabila has so far only been given the widow and children's benefits leaving the monthly pensions arrears.

She appealed to LRF to help her obtain the remaining money and LRF paralegal Lumbwe is following up the matter.

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