A shout of "thief, thief" which resulted in the beating to death of a neighbour by people has earned two juveniles a murder charge.

The two juveniles of Chelstone Compound are currently detained at Lusaka Central Prison.

Speaking in an interview with the Legal Resources Foundation (LRF) News, one of the juveniles said on May 18, 2000, some blankets and uniforms, which he had put on the clothes-line to dry, went missing. He approached his neighbour a Mr Daka to inquire about the items.

After asking him, Daka started running away. This made the Juvenile and his friend to start shouting "thief, thief".

Those who were playing football chased and caught Daka and they started beating him until he said he had stolen the items. He was then set free.

Daka later went to Chelstone Police Station to report that he was beaten. A month later he died.

The two juveniles were arrested and charged with murder. The juvenile claimed the man was asthmatic and probably died of the same disease.

After 15 days in the cells at Chelstone Police Station, the two were taken to Lusaka Central Prison where they have been detained up to date.

On September 6, 2000, the two were committed to the Lusaka High Court by a surbodinate court. They will appear in court next month for the first session of 2001.

Lusaka Central Police officer-in-charge Constable Mbewe confirmed having heard about the arrest of the two. He said Assistant Criminal Investigations officer Kabungo was handling the case.

Mbewe told the LRF News if the two were innocent as they claimed, they would be acquitted.

Mbewe accused the LRF of making another court apart from the high court when the case is already in that court.

"Why should you ask me about that case which is already in court, if the two are innocent the court will acquit them, " he said

LRF Lawyer Geoffrey Mulenga said he is horrified by the action of some police officers. A reasonable police officer should conduct proper evidence before prosecuting someone," he said.

Mr Mulenga added the LRF shall apply for the acquittal of the two because the circumstances do not justify the alleged charge.

FRA Removes NAMBOARD Houses Caveat

The Food Reserve Agency (FRA) this year removed the caveat placed on the National Agricultural Marketing Board (NAMBOARD) houses in 1997.

The Legal Resources Foundation (LRF) in October this year made a successful application to the Attorney General asking him to declare an order instructing FRA to remove the caveat.

LRF lawyer Geoffrey Mulenga said in 1997, NAMBOARD workers were retrenched and offered houses to buy but before this could happen, the shareholding of Namboard was transferred to the FRA

FRA and NAMBOARD workers then signed a contract stating the workers would buy the houses as part of their benefits.

The FRA later claimed the houses belonged to it and placed a caveat on them to restrain the workers from buying the houses. This was done without the knowledge of the NAMBOARD workers and the permanent secretary of Ministry of Finance. The workers tried to compromise with the director of the FRA but failed.

They came to the LRF, this year, asking for help to remove the caveat.

Mulenga wrote an application to High Court Judge Gregory Phiri asking him to declare an order that the FRA removes the caveat. On October 10, 2000 Judge Phiri signed such an order.

One ex-Namboard worker in an interview said they have not yet been officially informed that the caveat has been removed.

She said some ex-Namboard workers had money deducted from their benefits for house purchasing but up to now they have not been given the houses.

She said as far as she is concerned she bought the house and is waiting for the title deed. "I have no problems with this house because as far as I am concerned this house is mine. I do not understand why the FRA should claim the houses are theirs," she said.

Ugandan Released From Unlawful Detention

A UGANDAN national was recently released from Kamwala Remand Prison after a five months stint.

Sunday Lwanga was arrested on June 5, 2000 as a prohibited immigrant (PI) when he went to the Immigration offices to secure the release of his friend.

Whilst in the prison, he was advised by friends to explain his problem to the Legal Resources Foundation (LRF).

On September 29, 2000, LRF Intern Sandra Ndemanga went to visit prisoners and Lwanga told her his story.

Ndemanga wrote a letter to the Commission for Refugees at the Ministry of Home Affairs to find out why he was detained. She later found out Lwanga’s detention was unlawful. Ndemanga then insisted he should be released.

During her second visit to the Commission, the Chief Immigration Officer told her Lwanga had to pay K1,080,000 as admission of guilt fee before he could be released.

Ndemanga contacted the United Nation High Commissioner for refugees (UNHCR) and the Commission for Refugees telling them Lwanga had not been charged with any offence and as such could not pay any fee.

Lwanga was finally released on November 23, this year.

Ndemanga advised Lwanga to get a work permit to prevent further arrest.

Should Men Continue Paying Lobola?

In the past, customary law was the only law governing the people of Africa. It was conducted in accordance with relevant rules from different customs or tribes.

It is customary in Zambia a man should pay lobola to the family of a woman when he wants to marry her. Some tribes pay lobola whilst others do not.

Lobola is the money a man pays for the children the couple might bear and dowry is the money a man pays for the woman.

Many women are against this idea because they feel this is what makes men abuse their wives.

Faith Tembo from Kaunda Square said lobola makes men abuse their wives because they know that even if they divorce, the children belong to them.

"A man also knows that when the female children grow up, he will benefit from the dowry and lobola, which will be paid by their husbands," she said.

Carol Chinfuti, a worker at Kulima Tower, said lobola should be abolished because the country is being modernised and people should accept change.

"Men should be left free to decide whether they want to pay or not. They should be given a chance to suggest how much they want to give as a token," she said.

She said those who pay more money become dominant in the house.

Enerst Chimfwembe supported Chinfuti.

He said this payment should be abolished because it gives men many responsibilities. He said both parties should play an important role in marriage.

"Why should a man pay alone when the children belong to two people," Chimfwembe said.

He said traditionally, when a man pays lobola and the couple divorce, the woman cannot take the children because the man paid for them.

Richard Hanyinde, a worker at Catholic Bookshop, is for the idea of men paying lobola. He said according to his tradition, lobola is the power to show that a man has ownership over the children.

Hanyinde said lobola is paid in two ways. First before a man marries and when he has already married.

Before marrying, the woman’s family charges the dowry and half of that money is charged as lobola. Whilst in marriage if the man was not charged lobola, the woman’s family charge it by counting the number of children the man has.

He said if the man did not pay lobola and dies, his relatives should pay on his behalf if they want to have custody of the children. The same way if the woman dies, the man is ordered to pay before his wife is buried.

George Chisenga said according to the Bemba custom the man’s relatives approach the family of the woman. They request that family to allow them to have their daughter. If the family accepts, the man’s family gives them something as an appreciation. He added that Bembas do not pay lobola but dowry only.

"Long time ago lobola was charged by giving the woman’s family a chicken, goat or a cow as a way of appreciating that the woman would increase their clan by producing children. If the woman is barren whatever was paid is given back to the man’s family," he said.

Anyone who feels they have something to say about this issue should write to the Editor.

Maid Held Over Child’s Death

A Maid from Lilanda Township was on August 13, 1999 arrested and charged with murder of a three month old baby.

The juvenile who was working for Caesar Changwe of Kabwata told Legal Resources Foundation (LRF) lawyer Geoffrey Mulenga she was picked up from her home on the said date.

She was detained at Kabwata Police Station before being taken to the surbodinate court for committal to the Lusaka High Court.

According to the juvenile, the baby’s death was accidental and occurred on August 6, 1999. She said she noticed blood coming out of the baby’s nose. The police are stil investigating on the facts.

Insted of taking the child to the hospital or to the parents, she rushed him to the grandmother in Northmead who telephoned the father of the child to inform him.

Changwe, the grandmother and maid rushed the child to the hospital. But on arrival, the child was pronounced dead.

On August 13, last year, Kabwata Police Station officer-in-charge Mwashaboya arrested the juvenile and charged her with murder.

The case is being heard in the Lusaka High Court by Justice Gregory Phiri.LRF lawyer Geoffrey Mulenga is representing the juvenile.

TOP