A NUMBER of women in Zambia have been denied a chance to sign police bond on behalf of their friends or relatives in police custody.

Cellin Pangani of Matero, Lusaka, said she was told by Matero police officers she could not sign police bond for her nephew because she was a woman.

She said at first she was told only civil servants and those who have permanent homes are allowed to sign. But when she told the police officer she was a teacher, he insisted she could not sign because she was a woman. Pangani signed only with the permission of the higher authorities.

Another woman from Msisi compound Nelia Chasama said she was also denied a chance to sign a police bond for her brother.

This occurred in Chawama when her brother was alleged to have been involved in a robbery with his friends in the same compound.

She said the officers asked her brother to look for a surety who could sign a bond for him. Chasama contacted her uncle from Chelstone and together they went to the police station. The police told her she could not sign but allowed her uncle to sign.

She asked the police officer why she could not sign and he replied it was because she was a woman.

Police spokesperson Lemmy Kajoba last month said according to the Northern Rhodesia police law, women were not allowed to sign a police bond.

He said this was because a woman was regarded as not being able to give true evidence or stick to what she promised on the bond but would try to protect the husband or relatives from being prosecuted.

Kajoba, however, said nowadays any person can sign a police bond when the officer in charge has approved it

Chilenje Police Station chief inspector Fredrick Nguni said women should not be given a chance to sign the bond because they are unable to take their husbands or sons to court. "Women are weak and therefore are unable to convince their beloved ones. However, if a police officer knows the working place of that woman or where she stays, he can allow her to sign. This is because it is easy to trace her and prosecute her when the husband does not show up," he said.

Lusaka Central Police deputy detective chief inspector Chidisha said women who work or have permanent homes are allowed to sign the bond.

He cited Article 123 of the Criminal Procedure Code (CPC) which states that when a person is arrested or detained, or appears before a court, he may at any time while in custody, or at any stage of the proceedings before such court , be admitted to bail upon providing a surety or sureties sufficient, in the opinion of the police officer concerned or court, to secure his appearance, or be released upon his own recognizance, if such officer or court thinks fit.

Chidisha said this Act does not exempt any person from signing the bond.

Marketeer Suspended For Not Being MMD

A MARKETEER of John Laing compound was recently stopped from selling at Chibolya market because her husband defected from the ruling Movement for Multiparty Democracy (MMD) to join the Republican Party (RP).

Sharon Kampekete, 24, was served with a suspension letter on October 19, 2000 by MMD secretary at the market, Ceaser Chinyama.

The letter read in part: "with effect from today you have been suspended in the name of the President from selling at MMD-New Chibolya Market because your husband joined RP and defected from MMD. You can appeal any where you want."

Kampekete said market chairman Joseph Chipasha asked her to convince her husband to rejoin the MMD if she was to continue selling at the market.

She was further advised to divorce her husband and get a one-roomed house if he did not agree to rejoin the MMD.

Kampekete asked why the market authorities had decided to suspend her and Chipasha told her the MMD Constitution provides for such powers if one defects from the party.

She decided to seek help from the Kanyama Legal Advice Centre paralegal officer Mary Chisanga who summoned the market executive.

"The so-called MMD market is a community market and not one for MMD cadres only. This is just discrimination on your part. According to Article 23 of the Constitution-no one shall be subjected to discrimination by virtue of political affiliation because that is interfering with their personal freedom," Chisanga told the market executive.

In answer, Chinyama said he was instructed to do so by the Constituency Executive Committee.

"The committee realised how hard working the people who defected were in MMD and as a way of punishment we decided to suspend them and hoped they would come back to apologise but it was in vain," he said.

He said he personally feels a person of any political affiliation is free to sell at the market because it is not an MMD market but for all the Zambians.

Later on, the market committee and the defected members resolved the issue and the suspensions were liffted. People are now allowed to continue selling in the market despite their political affiliations.

Man Evicted From Village

for failing to contribute to a headman’s funeral

A man in Southern province who failed to contribute towards the funeral of a headman was recently chased from that village.

Headman Chimweta Phiri gave Warrant Malambo of Njumu village, chief Chipepo, five days in which to vacate the village. Other headmen in the village committee flanked the chief.

Malambo claimed the headmen in Chipepo had developed a tendency of making their subjects contribute everything they need for their livelihood. He said those who failed to do so were victimised.

Malambo, who has lived in the village for the past ten years, said he had nowhere to go because all the headmen in the surrounding villages were party to his eviction.

He complained that his rights were violated because he was denied a chance to live in his village.

He consulted the Kabwe Legal Advice Centre about his case and was advised to report the matter to the chief first.

One of chief’s Indunas caught wind of Malambo’s involvement’s with Legal Resources Foundation (LRF) and informed the village committee which called for him and apologised for their actions.

Traditional Health Practitioners staff Costin Mwale said in his experience with the traditional rulers and having grown up in the village himself, subjects in the past used to contribute cows and foodstuffs to the chief.

"They also used to help with building his house and cultivating his land but this is no longer the case because of poverty. People can no longer afford to contribute to their chiefs," he said.

Commenting on Malambo’s case, Mwale said subjects were not compelled to contribute anything to the headman. He condemned the action taken by headman Phiri because only chiefs can chase people from their homes for serious offences.

"Besides working with traditional rulers, I am a Chewa and where I come from headmen can not punish someone for not contributing towards funerals because it is not a must," Mwale said.

LRF lawyer Geoffrey Mulenga said although the Zambian Constitution does recognise customary laws, it clearly states that customary laws are applicable were they are not contradicting the Republican Constitution.

This is stated in Article 23 (1): a law shall not make any provision that is discriminatory either of itself or in its effect.

Article 23 (4) states: clause (1) shall not apply to any law so far as that law makes provision (e) for application in the case of a particular race or tribe, of customary law with respect to any matter to the exclusion of any law with respect that matter which is applicable in the case of other persons.

Mulenga said the Bill of Rights as defined in Article 22 of the Constitution of Zambia states that " a citizen shall not be deprived of his freedom of movement, and for the purposes of this article freedom of movement means: the right to move freely throughout Zambia, the right to reside in any part of Zambia and the right to leave Zambia and to return to Zambia".

Widow Compensated

THE Widow of a former employee of Securicor Company has been paid K5, 000,000 as compensatory damages for the wrongful dismissal of her late husband.

Eliot Mbatha died last year at the age of 67.

According to his wife, Mbatha was very depressed when he was fired without being paid his terminal benefits.

He was dismissed from employment in 1993 by Securicor Company after 27 years of service.

Mbatha‘s wife said her husband joined the company in 1966 and when he reached 55 years (retirement age) in 1987, the company did not retire him but instead asked him to continue working.

In 1993, the company decided to dismiss him on allegations that he was not acting professionally.

The company also refused to pay him his terminal benefits.

Mbatha decided to hire a lawyer from Shamwana and Company and sued his former employers for wrongful dismissal.

The matter was taken to the Industrial Relations Court where it dragged on for two years. In 1995, the case was transferred to the Lusaka High Court. On September 20 last year, judgement was passed in the widow’s favour.

In May, this year, the Legal Resources Foundation took up the case and argued that his dismissal was unlawful because it was discriminatory and based on social status.

LRF claimed for damages for wrongful dismissal and the costs accrued during trial. The Lusaka High Court awarded her K5, 000,000 as compensatory damages. He was also awarded K36, 311,750.00 as terminal benefits and K2, 700,000 as the cost accrued during trial.

In October, this year, Mbatha’s wife got a K5, 000,000 cheque from Securicor Company.

Kabwe Lrf Office Understaffed-Chowa Police

A police officer in Chowa has appealed to the Legal Resources Foundation (LRF) to employ more people at its Kabwe office because it appears to be understaffed.

Chowa Police Station Victim Support Unit (VSU) co-ordinator constable Collins Hakalinda told the LRF News the current staff can not manage to attend to Kabwe residents who seek help.

Hakalinda said as a co-ordinator of the VSU, he relies on LRF on matters pertaining to the law in its principal application. He also requested LRF to conduct seminars where police officers could be taught the law.

He stressed the need for legal aid in Kabwe especially for women who are usually abused in homes and on issues of property grabbing.

In other towns where LRF has offices, police officers are usually in confrontation with LRF staff, Hakalinda said this was not the case Chowa Police Station.

He said their station works hand in hand with the LRF because they understand each other’s role.

"When we go wrong, LRF is there to correct us and we do the same. They have made a grade in Kabwe especially to the people they have helped," Hakalinda said.

Chowa Police Station officer-in-charge Alita Mbahwe said LRF has filled the gap that used to exist. She said a number of people have been assisted by LRF.

She recalled an incident where police officers’ wives were arrested and LRF came to their rescue.

"LRF is there for everyone even police officers when they get in trouble," she said.

A Kabwe resident Minnive Mumba, 33, urged LRF to conduct educational campaigns in the area for people who did not know about it. She said with the closing down of the mine, there is need for legal services as many people lost their jobs and feel their rights were infringed. Captain Stephen Lungu, one of the treason trial convicts, told LRF News he was grateful LRF had represented them because he had seen how cases drag on for those suspects with no lawyers.

"I have seen a lot of people in prison pretend to be mad just because they do not know what to say when they go to court," he said. He added that even if he was not acquitted, his lawyers put up a very good defence and he is thankful to them. "If we did not have lawyers our trial would have been still going on," Lungu said.

He appealed to LRF to extend their prison visits programme to Mukobeko Maximum prison in Kabwe.

However, Rodgers Muhango a business man, said the foundation has not done much in terms of publicity and education.

"The foundation should have some radio programmes to educate people about their rights in different areas like schools and the community because not everything is covered in the newsletter. It should also have some people who can work closely with the police and check on police officers who breach the law," said Muhango. Sergeant Mulenga of the named police station said police officers at this station have benefited a lot with the coming of LRF because they now know what cases they can handle and what cases they refer to the foundation.

"The foundation should organise lessons in for officers. It is only from such lessons that will we have an opportunity to grasp some knowledge about law and how far we can go with some cases," he said.

The Centre has been in existence for the past one year and received over 1,000 cases.

Juveniles Accused Of Witchcraft

Two juveniles of Kalomo have been sued for allegedly collecting soil from the footmarks of Catherine Chulu at Zimba main market.

This occurred when Catherine was passing through a market and the two girls collected some soil from where she had stepped. According to Catherine, the girls were on two occasions seen to have collected this soil.

She alleged the girls were sent by their elder sister to collect the soil from her footprints. Catherine reported the matter to police who summoned the girls and their parents.

When police questioned the girls, they denied the allegation saying they picked some small stones for mulabalaba (a local game).

Constable Kanjabo who arrested and locked up the juveniles is alleged to have beaten them so that they admit but the two refused.

According to the father, the officer threatened to take the girls to Kalomo Prison, which made them say it was not an allegation but the truth. The officers advised Catherine to take the matter to court. At the Surbordinate court, the three were told to pay K10, 023,000, which the accused have refused to pay.

Call For Help Lands Juveniles In Prison

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.

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