Lusaka Woman Attempts Suicide

Local Court Justice Chews Client’s Money

NUMBER 34                                     DECEMBER, 2001

Police Officer Takes Law Into Own Hands

By Madube Pasi Siyauya

A Kabanana police officer who last March battered his former girlfriend and blinded her left eye has attempted to kill their child.

Mutinta Banda 24, of Kabanana Site and Service told the Legal Resources Foundation (LRF) Chaisa Legal Advice Centre that Constable Iveen Kapenda, the father of her child, attempted to kill their child on November 13, 2001.

Banda said on November 12, 2001, Kapenda and his wife went to Mutinta’s house around 18:00 hours and accused her of bewitching his wife causing the barrenness.

Kapenda beat Mutinta up.

The following day, Kapenda went to Mutinta’s house armed with a knife. Mutinta said Kapenda told her that he was going to kill their child. He threw the knife at the child who sustained a minor cut on her neck.

Mutinta reported the matter to the LRF Chaisa Legal Advice Centre and on her way there she meet Kapenda who called her a witch.

According to Mutinta’s neighbours, Kapenda has continually abused Mutinta physically and emotionally every time she asked for child maintenance. He has been threatening to batter any of her relatives who tried to help Mutinta bring him to book.

Kapenda has told Mutinta that no action can be taken against him because he is a police officer.

Last March Kapenda brutally battered Mutinta and destroyed her left eye after she told a local court that their child was born with syphilis.

Banda had a child with Kapenda in February 2000.

Police Murder Two For Questioning Arrest

By Perpetual Sichikwenkwe

Two police officers in Chipata, Eastern province, battered and murdered two people for asking why their relative was detained.

The two, constable Evans Bunda Mutima and Evans Chama of Chiparamba sub centre police post, beat and shot Luka Banda and his brother in law Bernard Daka when they went to the police post requesting the police officers to explain the cause of their relative’s arrest.

Emmanuel Banda of Chiweteka village told Chipata Legal Resources Foundation paralegal Clement Mwale that on July 8, 1998, he [Emmanuel] and his friend Misheck Kamanga were going home with an Ox-cart. They were coming from selling cotton when they met the two police officers.

The police officers ordered Emmanuel and Misheck to move off the road with their Ox-cart but they refused saying it was not possible. This angered the officers who then accused Emmanuel of being rude and started beating him.

They dragged Emmanuel to Chiparamba sub centre police post and locked him in the cells.

Misheck reported the matter to Emmanuel’s parents who rushed to the police station to make inquiries.

When they asked why their son was arrested, the police officers did not bother to explain anything but instead started beating them also.

At that time Luka and Bernard appeared on the scene and tried to intervene.

The police officers stopped the beating and rushed home, where constable Mutima came back with a gun and shot dead Luka and Bernard, who were Emmanuel’s elder brother and brother in law respectively.

The two were later arrested and cited for murder. When their trial was over in the Chipata High court, Evans Bunda Mutima was sentenced to death while Evans Chama was acquitted.

Emmanuel Banda wants LRF to help him sue the police officers for assaulting him and unlawful shooting.

Chipata supervising lawyer Clement Tafeni agreed to represent Emmanuel in the High Court.

Six Year Old Girl Denied School Over Dreadlocks

By Madube Pasi Siyauya

The father to the six year old girl in dreadlocks who Ng’ombe Basic School refused of enrol has appealed to the Legal Resources Foundation (LRF) to assist him take legal action against the school and the government.

LRF lawyer Mabvuto Sakala told The LRF News that Ng’ombe Basic School refused to enrol Jahkiwe Banda into Grade one because of her dreadlocks, which they don’t approve of. Sakala said the school head mistress was not in order to refuse to enrol Jahkiwe because she is entitled to freedom of religion, expression, and conscience.

He said unless her right to have the dreadlocks was infringing other people’s rights, she could not be denied the opportunity to go to school.

Sakala said LRF has written to the head mistress demanding that she enrol the girl failure to which it will take the matter to court.

Ha said LRF will make an interim application that the girl goes in school while the matter is being heard in court.

He said LRF would further seek the declaration that it was a constitutional right to hold any religious opinion.

Sakala said this matter was settled a long time ago in a Supreme Court ruling were a school girl did not sing the National Anthem, because of her religious belief.

The girl’s father Enock Banda said he could enrol Jahkiwe at another school but he would not like to set a precedent. He said he wanted his child to enjoy her rights.

Lusaka Woman Attempts Suicide

By Perpetual Sichikwenkwe

A Lusaka woman was last month saved from killing herself by a paralegal working for Legal Resources Foundation (LRF).

LRF Chawama Advice Centre paralegal Ernest Mukelabai said he found the woman about to throw herself in the path of an on-coming vehicle along Chilimbulu road in Kamwala.

When Mukelabai saw what she wanted to do, he approached her to find out why she wanted to commit suicide leaving her three children behind. The children are aged between 2 and 8 years.

She explained that she was suffering too much and saw no reason to continue living.

Mukelabai took her to Kamwala South Police Post for safe keeping until the following morning when he could arrange a place for her children while she seeks help.

This was on December 12, 2001 but the following day when he went to check for her, he found that the policemen had released her.

Mukelabai asked them why they let her go when they knew she wanted to kill herself, one police officer said it was not their responsibility to guard a person with no criminal record.

" You wanted us to keep vigil over a person who has no criminal record with us. We are busy people who have serious problems to attend to," he said.

The officers also said they had a lot of things to attend to other than that of protecting those taken their for safety.

But the officer in charge at the station inspector Sinazongwe apologised to LRF saying it was unfortunate that his juniors let go of a person who had put her life at stake.

Sinazongwe organised his juniors to look around for the woman within the Kamwala perimeter.

He promised LRF that the woman would be found and handed over as her life was at stake.

Mukelabai said if the woman was not found, he would take the officers to task as it was their job to protect people’s lives even if they had no criminal records.

Woman Compensated K100, 000 For Loss of Eye

By Delphine Hampande.

A 24 year-old woman who lost her right eye whilst on duty and compensated K100,000 has asked all legal practitioners to start sensitising farm wokers on their human rights as their employers were abusing them.

She said it was a pity that even at a time when a lot of human rights bodies were formed, a number of serious human rights abuses were still being recorded especially for those in the rural areas.

Mary Chabala of Lusaka’s Chawama township complained that a lot of farm owners were suffering because they had no idea about human rights abuse issues.

Chabala used to work as a gardener at Salim Farms in Makeni area and had her eye removed after an insect and some fruit liquids entered it while on duty as she was plucking some fruits from trees on July 9, 2001, permanently damaging it.

Kanyama Police Brutally Beat Up Suspect

By Madube Pasi Siyauya

A 39-year-old man of Kanyama compound was brutally beaten by Kanyama Police post officers causing a massive ulcer on his buttocks.

Charles Banda, an employee at Dabwiso Bar in Kanyama, was picked up by police as a suspect when two television sets, a musical system, and an amplifier were stolen from the bar.

Banda was detained on November 7, 2001, at the said police post. He said on November 15 2001, the police officers started beating him. He was suspended on the ‘kampelwa’ for some days.

Banda said one particular police officer Kamehengwe who called himself ‘Bobodela’ did most of the beating, an act he is well known for.

Banda told The LRF News that his buttocks were swollen. On November 26, the ulcer raptured discharging blood and puss. The rapture exuded an offensive odour forcing the other detainees to sit in one corner, leaving Banda on the other corner alone.

He said the officer in charge at Kanyama police was out of the station at the time.

On November 27, the Officer In Charge at Central Police went to inspect Kanyama police post, the detainees called out for him to go and see Banda. When he saw him, he ordered the police officers to take him to the hospital.

They took him to Kanyama clinic where the medical personel refused to attend to him. They instead referred the case to the University Teaching Hospital (UTH). At UTH he was taken straight to the theatre were he was operated on in the night. The following day, he was discharged and given a prescription to buy drugs.

Banda waited for the police to pick him up at the clinic but they did not show up. He started off on foot to Kanyama police post.

He gave the police officers the prescription and they only bought methylated spirit for him. They released him unconditionally and told him to be going to get money for medication. Whenever he went there, he was not given the money.

Banda reported the matter to Kanyama Legal Resources Foundation (LRF) Advice Centre were he asked that the Foundation takes the matter to court on his behalf and sue for compensation.

LRF took him to Katondo Police Post to obtain the medical report but police officers there refered the matter to Central Police officer in Charge. They said they were too junior to issue the medical report.

The same day she rushed to the owner of the farm Salim and told him about the

accident but he refused to give her money to go to the hospital for treatment.

Chabala said she was only given K20, 000 by Salim plus a K50, 000 contributed by all workers the following morning which was not even enough, but when she reached the University Teaching Hospital (UTH), she was told that the eye had already been destroyed and the only possible thing they could do was to remove it.

On August 13 this year, her eye was removed, Chabala said the saddest thing was that when she went back to work, she was given a dismissal letter informing her that her job had been terminated because she had missed from work for one month.

She was compensated K100, 000 and accepted it as she thought it was enough.

Chabala praised the Legal Resources Foundation (LRF) for conducting the Legal Bus Projects because that was the time when she discovered that her job was unlawfully terminated and the money she was given for compensation was very little.

LRF Chawama advisor Ernest Mukelabai is handling the case.

Lusaka Woman Attempts Suicide

By Perpetual Sichikwenkwe

A Lusaka woman was last month saved from killing herself by a paralegal working for Legal Resources Foundation (LRF).

LRF Chawama Advice Centre paralegal Ernest Mukelabai said he found the woman about to throw herself in the path of an on-coming vehicle along Chilimbulu road in Kamwala.

When Mukelabai saw what she wanted to do, he approached her to find out why she wanted to commit suicide leaving her three children behind. The children are aged between 2 and 8 years.

She explained that she was suffering too much and saw no reason to continue living.

Mukelabai took her to Kamwala South Police Post for safe keeping until the following morning when he could arrange a place for her children while she seeks help.

This was on December 12, 2001 but the following day when he went to check for her, he found that the policemen had released her.

Mukelabai asked them why they let her go when they knew she wanted to kill herself, one police officer said it was not their responsibility to guard a person with no criminal record.

" You wanted us to keep vigil over a person who has no criminal record with us. We are busy people who have serious problems to attend to," he said.

The officers also said they had a lot of things to attend to other than that of protecting those taken their for safety.

But the officer in charge at the station inspector Sinazongwe apologised to LRF saying it was unfortunate that his juniors let go of a person who had put her life at stake.

Sinazongwe organised his juniors to look around for the woman within the Kamwala perimeter.

He promised LRF that the woman would be found and handed over as her life was at stake.

Mukelabai said if the woman was not found, he would take the officers to task as it was their job to protect people’s lives even if they had no criminal records.

Chadiza Education Authorities Stop Pupil From Sitting For An Exam

By Perpetual Sichikwenkwe

Chadiza High School head teacher, his deputy and Chadiza District Education Officer [DEO] stopped the grade 12 pupil accused of attempting to destroy the school by explosives, from writing his biology practical paper because of his criminal charge.

Chadiza High School head teacher Mwiinga, his deputy Daka and the DEO Siwale on October 29, 2001 prevented William Manda from attending his final biology practical examination demanding that he produce a certificate of acquittal.

William was arrested and released on bail after Legal Resources Foundation’s intervention pending hearing of his appeal case in the Chipata High Court. He went back to school with a view of resuming his education but Mwiinga advised him not to continue in boarding school but to pay money in order for him to be allowed in as a day pupil.

When William went to Daka, he too refused demanding that he produces a certificate of acquittal from the court.

Eventually, the headmaster advised him to stay away from school and only go there to sit for the examinations.

On October 29, 2001, William went to school to sit for his biology practical paper but the head teacher and his deputy demanded that he first produces a letter from the District Education Officer authorising him to sit for the examinations.

His mother went to the DEO who is believed to have demanded for a letter from the magistrate who had convicted and sentenced him to show that he could sit for the examinations. The magistrate refused to do so saying there was no such provision instead the boy should be allowed to sit for the examinations. William’s mother Grace Manda reported back to the DEO, who claimed that he was still waiting for a report from the Provincial Education Officer in Chipata.

When contacted by LRF Chipata paralegal Clement Mwale to explain why William was not allowed to sit for his examinations, Deputy District Educational Officer and the inspector of schools expressed surprise and annoyance with the DEO to hear the matter from LRF for the first time.

They claimed that there were not aware of the matter and thanked LRF for informing them. And the DEO could not give any proper reason for refusing William permission to sit for his examination apart from saying that he was ignorant of the law.

Mwale said what the education authorities did was wrong saying a person is innocent until he is found guilty by a competent court of jurisdiction.

William was allowed to sit for the remaining papers after LRF’s intervention.

MPs Should Consult The Electorate More Often-CCJP

By Perpetual Sichikwenkwe

MOST people in Zambia especially in rural areas do not know their role in enhancing good governance after elections, Catholic Commission for Justice and Peace [CCJP] Chipata Co-ordinator Martha Mwale said recently.

Mwale has since called on Non Governmental Organisations involved in civic education awareness to team up and work towards educating people on their role in promoting good governance in the country especially that this was an election year.

Mwale told The LRF News in Lusaka that there was need for NGOs to teach people about their role in promoting good governance if cases of corruption, poverty and bribery were to be reduced in the country.

She said although efforts had been made by the Zambia Civic Education Association [ZCEA], Anti Voter Apathy Project [AVAP] and the Foundation for Democratic Process [FODEP] to sensitise people to vote for leaders who can bring development in their areas after elections, nothing much had changed in governance in the last 10 years.

She said according to a recent survey conducted by CCJP in Chipata, people were eager to vote for popular political parties and not people with leadership qualities.

Mwale said it was disheartening to note that once a politician was voted into power, he did not go back to his constituency to discuss matters affecting people there.

CCJP commission secretary for Kasama Emmanuel Chungu said the commission in Northern province had embarked on a programme of inviting aspiring candidates from all political parties to discussions to enable people present issues affecting them in their day-to-day lives.

And Monze CCJP co-ordinator Eugene Kabilika said the commission had made a deliberate policy of inviting politicians in the area to discuss issues affecting the electorate and their role in governance.

Kabilika said there was need for members of parliament once voted into power to be meeting with their electorate so as to discuss present and future problems that are effecting and likely to affect the electorate.

He said MPs must take it upon themselves to consult people especially in villages and seek solutions to problems.

He said the MPs must start informing people about bills which are about to be passed into law so that they can also be involved in decision making.

Local Court Justice Chews Client’s Money

By Delphine Hampande.

A Mumbwa man is seeking assistance from the Legal Resources Foundation (LRF) to help him sue a Local Court Justice who used his money.

The man said the justice connived with the defendant whom he had sued for damages amounting to K250, 000.

Amos Munyitsi said in 1998 he sued Chibuye in a Mumbwa Local Court claiming damages for the accident he was involved in caused by the negligence of Chibuye.

Chibuye was found guilty and fined K250, 000 to be paid at once through the same local court justice.

But Munyitsi explained that each time he went to collect the money from the justice, he was told Chibuye had not yet paid.

He said he got wind of the misappropriation of his money by the two through the justice’s workmates who informed him that his money was ‘chewed’.

And when Munyitsi confronted Chibuye about this, Chibuye said the two had used the money and that he accepted to do this because the justice promised he was going to pay Munyitsi as soon as possible.

When he pursued the justice, he kept on promising he would pay him, but to date nothing has been done.

It was at this point that he decided to report the matter to LRF Chawama office to seek legal advice.

Chawama LRF legal advisor Evaristo Chanda said it was sad to note that people who were expected to be spearheading the dispensation of justice in society were the ones that were retrogressing the process.

Evaristo said the matter was still being investigated and once the justice was found wanting, the law will take it’s course.

Labour Laws Not Followed On The C/B

By Perpetual Sichikwenkwe

There is a serious mockery of labour laws on the Copperbelt, Legal Resources Foundation [LRF] Kitwe Paralegal Vincent Kapundu has said.

Kapundu told The LRF News that labour laws on the Copperbelt were not being followed by employers especially companies that were run by foreign investors.

He said the Kitwe advice centre had received complaints from employees ranging from racism, ill treatment, non-payment of terminal dues and non-compliance with the minimum wages and unfair conditions of service.

Kitwe District Labour Officer Chikankatika, in a discussion with Kapundu confirmed the prevalence of such unfair labour practices.

Chikankatika said his office was quick to respond and carry out investigations whenever such reports were taken to his office.

He said employers found wanting are informed of the various provisions of the law and guidelines are given on how best the provisions should be implemented.

Chikankatika, however, complained that his office was unable to meet some of its obligations due to its inability to prosecute employers who were found wanting.

When asked about how checks and balances are kept, Chikankatika said his office carries out labour inspections occasionally. He said this was done with a view of ensuring that employers were in line with the Zambian Labour Laws.

Chikankatika appreciated the presence of organisations such as the LRF saying the foundation was assisting greatly in the explanation of employment law to the general public.

He appealed to Kitwe LRF office to work in hand with the labour office to ensure the implementation of the Zambia Labour Laws.

Kapundu, in response, said the LRF appreciated the services rendered by the labour office and hoped that the labour conditions in places of work would improve as the number of labour complaints was on the increase.

LRF Receives More Clients After Project

By Perpetual Sichikwenkwe

The number of people seeking legal advice and representation from Legal Resources Foundation (LRF) has increased since the introduction of the legal bus project.

Some paralegals spoken to by The LRF News revealed that the number of clients in the advice centres has doubled as compared to the time before the launch of the project.

Kaunda Square paralegal officer Adrophina Bubala said a week after the legal bus project, more people flocked to her centre seeking legal services.

The legal bus project was conducted from October 5 to 15, 2001

Bubala said people were appealing for the continuation of the project.

She said some people had not known what LRF offered until the Legal Bus Project.

Bubala said in the past she used to handle about 10 cases in a day but she now handles more than 15 cases per month.

Bubala said there was need to continue with the project if more impact was to be felt.

Chawama paralegal Ernest Mukelabai said the pattern was the same for his centre.

He said more people were now aware and appreciated LRF services. He now handles between 190-200 from 150 cases per month.

He urged LRF to source funding particularly for the project to continue.

And Livingstone paralegal Patricia Phiri said the legal bus project helped people know where to go when they had legal problems.

Phiri said the Livingstone office had started receiving consultants from as far as Choma, Monze, Zimba, Namwala and Kalomo which never used to happen.

She said in the month of November, the centre attended to 164 cases as compared to September when it had 150.

Phiri said a lot of people were still calling for the continuation of the project saying it was unique and educative.

Kitwe paralegal Vincent Kapundu said his office was now busy as it received more clients because of the project.

Kapundu said the month of November had the highest number of cases attended to in the year as a result of the project.

The project was conducted on buses to all the provinces except Western and Luapula. Passengers on the buses were given lessons on the basics of the law. Among the topics tackled were the Zambian legal system, law of succession, police powers and human rights.

Police Upset With Withdrawal

By Delphine Hampande

CASTLE police post officers are using a suspect’s vehicle which they grabbed after ordering him to forfeit it as a form of apology claiming he made them act in an unprofessional manner.

The officers complained that due to certain suspects’ behaviour, their profession has been perceived as one full of unprofessional people who did not know how to execute their duties.

The officers got Abmel Muyoba’s vehicle, a Fiat Regatta 100 and a Video Cassette Recorder.

Castle officers were acting in a case in which Muyoba, a former Makeni farm employee was arrested after taking a Submersible water pump.Before police took the matter to court, Muyoba’s boss withdrew the case because he admitted the offence and pleaded that the case be dropped as the pump was recovered.

The officers were not happy with his boss’s decision and it was at this time that they ordered Muyoba to forfeit some of his items to police threatening that if he didn’t, he was going to be taken back to police custody.

They grabbed his Video Cassette Recorder and his car and made him sign a document stating that they were doing so in order to make him realise they were serious officers who did not want their work to be undermined.

When Muyoba was asked why he stole the pump, he said he did it because his boss deducted K800, 000,00 against his future earnings as penalty after the police impounded the company vehicle he was driving to get feed for chickens which they were rearing.

He said he was infuriated when his boss deducted the money without consulting him because this meant that he was not going to be paid his wages for some time.

He complained that he had no where to turn to for help hence the reason for his taking the pump to sustain his living.

Muyoba praised the Legal Resources Foundation LRF Legal Bus Project by which he was enlightened of his human rights.

And Chawama LRF officer Ernest Mukelebai said the police are not supposed to grab suspects’ things and start using them.

He said suspects should not be punished in any way or made to apologise adding that it was normal for people to withdraw cases from police stations.

Chief, Director Evict Owner From Guest House

By Perpetual Sichikwenkwe

The owner of Tikondane Community Centre Guest House, Betty Jere Chulu, was recently evicted from her property, the Guest House, by Chief Mbang’ombe of Katete and the director.

The two allegedly took advantage of Chulu’s ignorance and illiteracy and formulated a "constitution" for the managemnet of the premises, by which she was appointed.

Chulu of D38 Nabvutika compound has appealed to Legal Resources Foundation [LRF] to help her get back the Guest House, which she owns.

Tikondane Community Centre was also registered with the registrar of societies without her consent or consultation.

In May 2001, Chulu is alleged to have been dismissed from the Guest House by the director in conjunction with chief Mbang’ombe.

Chipata Legal Advice Centre supervising lawyer Clement Tafeni has since written a letter of demand so that possession and management of the Guest House could be given back to Betty, as she is the legal owner of the property.

Tafeni in his letter said failure to do so would lead to legal action against the Chief and director.

Ex Miners Cry Foul Over Terminal Benefits

By Perpetual Sichikwenkwe

Former miners from Mopani Copper Mines in Mufulira have cried foul over non payment of their terminal benefits held in trust by the Zambia Consolidated Copper Mines [ZCCM].

One of the complainants, Amon Mwaba said that during the change over from ZCCM in March 2000, those who were taken on by the new owners were told that their benefits would be paid to them upon termination of their services but up to now nothing has been done.

Mwaba said the conditions were that whether one’s services were terminated by way of normal retirement or redundancy, the terminal benefits accrued while in ZCCM as well as those accrued under the new consortium would be paid on the last day of the person’s service.

In his case and those of others who resigned early last month, they have been told that their benefits will only be ready after a year.

Mwaba said they were made to believe that their benefits held in trust would be paid to them upon termination of services.

He alleged that their Union representatives never informed them about being paid after a year and thereby sought the services of the Foundation in adressing the issue as they needed the money for livelihood.

However, Mine Workers Union of Zambia [MUZ] Director of Research, Charles Muchimba told Kitwe paralegal Vincent Kapundu that the conditions of sale of some ZCCM assets were rather contentious from the on set.

Muchimba stated that the Attorney General as well as some lawyers disputed conditions laid down in the contract of sale, as they did not provide for the interests of the employees.

He said the issue of payment after one year was one such issue which was highly debated and still being debated even before the courts of law.

Explaining the rationale behind the conditions of sale, Muchimba stated that investors in Konkola Copper Mines [KCM] and MCM were not prepared to take on ZCCM liabilities in so far as terminal benefits for employees who left after privatisation by way of summary dismissal and resignation were concerned.

He explained that the investor’s argument was that employees would resign at any time and be dismissed summarily for whatever lawful reason at anytime and that such, required huge sums of money adding that for them as employers of thousands, it would not be practicable to pay debts accrued under ZCCM.

He explained that this liability has since been taken over by government and as such, terminal benefits arising from summary dismissal and resignation are being paid through the ministry of finance. He said these are the funds held in trust during the change over.

Step Children are Entitled to A Deceased’s Estate

By Madube Pasi Siyauya

Step-children are also beneficiaries to an estate, Legal Resources Foundation (LRF) lawyer Geoffrey Mulenga said recently.

Mulenga said the Intestate Succession Act does not discriminate between step and biological children.

He said it was a criminal offence for any person to deprive a beneficiary of his/her entitlement to an estate.

He was commenting on a matter he is handling involving Anastasia Mulenga, 18, of Chilenje, who has sued her stepmother’s cousin for depriving them of the benefit of a house that was left by her father.

Anastasia’s father died in 1995 and left a house that he had not finished paying for. Her stepmother finished paying off the debt.

Anastasia said the administrator of her father’s estate distributed the property well. All the beneficiaries to the estate were given their entitlements including her stepmother’s son.

Anastasia said her stepmother died in 1999, a week after her elder brother committed suicide. When her stepmother died, her cousin Iluba Kalaluka of Kabwata got all the household goods including the house her father left.

Kalaluka also got Anastasia’s half sister Nambulo Mulenga and her step brother. Anastasia is staying with her elder sister Prudence Mulenga in Chilenje.

She said Kalaluka does not allow them to see Nambulo and he has refused to let them benefit from the house their father left.

Nambulo has also complained to her two sisters that Kalaluka has moved her from St Andrews Primary School, a private school, to St Patrick’s Primary School, a government school. Nambulo also alleges that Kalaluka beats her up and is not providing her with clothing even after her mother left some money.

Mulenga said the LRF has commenced action against Kalaluka.

Mtendere House Swindler Caught

By Perpetual Sichikwenkwe

A Mtendere man who has been selling his house at K3, 000, 000 to several people since 1998 has been caught and Legal Resources Foundation has given him an ultimatum to give back the money or face legal action.

Phalula Mlenga who sold his Mtendere house to different people as a way of earning a living was left with no words to explain his conduct.

He was ordered by LRF to either give people back the money he got or be taken to court.

But Mlenga appealed to the foundation not to take him to court saying he should be given enough time to sell charcoal and cross over to Mozambique to import timber, resell and return people’s money.

One of the victims, Josephine Ngozi, bought the house in 1998 and paid K2.5million leaving a debt of K500, 000 that was to be paid after having the house changed in her name.

She complained that Mlenga has been telling stories about the house and has since opted to return her K2.5m, which he does not have.

The retired teacher has since refused to get the money saying the money has now lost value and cannot buy a house.

A few months after Ngozi had paid the instalment, she came from the Copperbelt to occupy the same house only to find that Mlenga had put the house on rent.

She tried to reason with him but he refused and suggested that Ngozi start collecting rental fees since the house belonged to her. But Ngozi never received any money because Mlenga instructed the tenant not to give any money to her.

When she insisted that she be given the house, Mlenga told her that the house had been sold to another person as she [Ngozi] took more than two months to pay the K500, 000, 00 and that his health was deteriorating.

After realising that Mlenga was not fulfilling his word, Ngozi decided to seek redress from Legal Resources Foundation.

Asked by Mtendere paralegal Goldwin Mutale to explain why he has been selling one house to several people, Mlenga said he did that because he was constantly sick and that the people he sold the house to were not normally serious.

He told Mutale that he could not give Ngozi the house but he be given more time so that he could sell charcoal and timber from Mozambique to raise money to pay her back.

It was resolved that Mlenga pay Ngozi K4.5 million by December 30 as punishment for wasting her time failure to which he would be dragged to court.

Mutale warned Mlenga to desist from his habit because what he did was obtaining money by false pretences and a criminal offense against the Zambian law.

Court Officers Arrested In Course Of Duty

By Perpetual Sichikwenkwe

Legal Resources Foundation [LRF] has condemned the unjustified arrest of two local court clerks and a messenger by Kasempa police officers last month.

LRF lawyer Mumba Chongwe speaking from Solwezi Legal Advice Centre said the police officers should not have arrested the three, Gibson Kasungami, Bilet Muyaya [now deceased] and Kalima Henry who were executing their duties as required by law.

Chongwe was reacting to a case in which the Kasempa local court officers complained to the LRF centre that they were arrested by police when they went to give a court warrant of arrest against someone who had earlier obstructed them from arresting a council employee for contempt of court.

But the police officers said the three were arrested for criminal trespass.

Chongwe argued that this was not possible because the three local court officers could not have been arrested in the lawful execution of warrants issued by a court established by law.

He said in any case, the unlawful arrest was revealed when they were taken to court and their case was withdrawn.

Chongwe, who is handling the matter, said LRF has sued the police officers and the State vicariously for damages for false imprisonment.

By press time, the writ had been issued out of Kitwe High Court Registry dated December 3, 2001 and the defence was being awaited from state chambers advocates.

DEC Officers Assault Suspect

By Delphine Hampande

The Drug Enforcement Commission (DEC) officers in Solwezi last month assaulted a suspected drug dealer after failing to find drugs in his house.

The officers are said to be assaulting and beating people they suspect to be drug dealers.

Legal Resources Foundation (LRF) has advised DEC to desist from barbaric methods of interrogating suspects.

LRF lawyer Ignitius Chongwe has written to the DEC Regional Commanding Officer advising them to act within the law because they were trained and hold high responsibilities in society.

On September 10, 2001, a DEC Investigations Officer Stan Muyinda and Informer Chris Lukama approached Amigo Munen’u and started questioning him after suspecting him of being involved in dealing in cannabis.

When Amigo denied the allegations, the DEC officers forced themselves inside in his house and started searching everywhere including his bedroom.

They, however, did not find any drugs in his house and went ahead to search his mother’s bedroom which search also proved futile.

Amigo further lamented that after they finished with their search, they took turns at beating and assaulting him together with his friend and later bundled them in the vehicle and took them to their offices.

At the office, Lukama and Muyinda continued to beat them using broom sticks and metallic bars on their backs in order for them to confess their alleged involvement in drug dealing.Amigo is now complaining of internal injuries and great body pains especially on his leg as a result of battery.

LRF has issued a writ of summons to DEC for assault and battery.

Weight Loss Causes Woman to Loose Marriage

By Madube Pasi Siyauya

A 34-year-old woman of Elleine Brittel in Livingstone is on the verge of being divorced because she has lost weight.

Patricia Kayombo married Jonas Minganja, a bricklayer of Dambwa Site and Service, in 1996. The couple had two children who died this year.

After the birth of the second child, Kayombo lost weight and Minganja told her to go and stay with her relatives.

Whilst there, her four month old baby died in February, 2001. Five months later, her two-year-old child also died.

In July, she went back to her matrimonial home and her husband Minganja told her that he was not interested in "a skinny child losing woman" and had therefore taken another wife.

Kayombo went to the Legal Resources Foundation (LRF) Livingstone Legal Advice Centre to seek legal advice on what she could do about the matter.

LRF Paralegal Joe Mulafulafu told her that since she and her husband were married under the Lozi customary law, she was free to sue in the local court for marital neglect and reconciliation.

Police Search For Red Skirt In Mtendere

By Perpetual Sichikwenkwe

Kabulonga police officers are reported to have searched for a red skirt belonging to losing Forum for Democracy and Development (FDD) member Austin Chewe’s wife in a former maid’s house.

Two officers ordered by Chewe’s wife went to search Abbiness Phiri’s house in Mtendere for a red skirt without a search warrant.

The maid’s daughter Esther Phiri was found home at the time when the officers accompanied by Mrs Chewe’s relative went to search the house. She said she was threatened by the behaviour of the group.

When she tried to inquire why they wanted to enter their house without her mother’s permission, she was told to keep quiet or else she would be beaten as they did not send her mother to steal an expensive red skirt, which she could not afford. They did not find the skirt.

Abbiness who was accused of stealing the red skirt started working for Austin Chewe as a laundry maid in January 2001.

However, in October the red skirt belonging to Chewe’s wife went missing from the house. When Chewe’s wife discovered that her red skirt was missing she alleged that Phiri was the one who stole the skirt and requested the police officers to go and search for it. Phiri was instantly dismissed and told never to go back to Chewe’s house, as she was a thief. LRF Mtendere paralegal Justine Hakasenke said what the Chewes did was unlawful and was an invasion of privacy.

He said LRF would follow up the matter to find out why the police officers and Chewes conducted themselves in such a manner.

LRF Helps Orphans

By Madube Pasi Siyauya

FOUR orphans have successfully managed to evict a tenant who had not paid them for the time she spent in their house.

The orphans were defended by the Legal Resources Foundation (LRF) in a case in which the woman applied for an injunction to restrain the orphans from evicting her.

The orphans Hope Chifwembe Nkamba 25, a University of Zambia (UNZA) student, Majory Nkamba 22, a Copperbelt University Student, Kweto Nkamba 19 and Lesa Nkamba 16, had put their house on rent in order to raise money for their livelihood.

The Orphans rented the house to a COMESA employee Lebby Musamba in June 2001 at K850, 000.

Musamba moved into the house on July 5, 2001 after they signed an agreement for six months. Payment was to be made in advance. Musamba asked that she moves in the house the following day, which was a weekend, and she would give them the cheque on Monday.

On Monday, she told them the cheque was not yet signed as people had gone for the Organisation of African Unity Summit.

Musamba continued giving stories until August when Hope wrote her a letter giving her notice or else they would evict her.

Her cousin paid for her for three months but by that time she had already stayed in the house for two months. In October, she again failed to pay rent.

When Kweto went to pay for the electricity bill that they had left outstanding he found that the bill was over K5 million. When he enquired he was told that Musamba had transferred that bill from the house she previously rented. The Staff at Zambia Electricity Supply Corporation (ZESCO) authorised the transfer without consulting the owners of the house.

In October and November, she continued giving excuses until the matter was reported to Woodlands Police Victim Support Unit (VSU). Musamba was summoned and she promised to pay.

Musamba did not honour the promise and the police at VSU advised them to evict her. Hope said they asked for police help but the police told them they should obtain a court order from the High Court.

At the High Court they were told to pay over K500, 000 but they did not have the money so they decided to go and change the locks at the house.

Musamba broke the door and the locks and entered the house again. Hope received a summons and was to appear in court because Musamba had applied for a court injunction against eviction, she wanted three months notice as per lease agreement.

A friend of theirs refereed them to LRF where lawyer Mambwe Chipazya represented them and was able to counter Musamba’s application.

Judge Ireene Mambilima threw out the injunction and a warrant of distress was issued. Hope said they paid the bailiffs K1.5 million and property was seized from Musamba. She was also evicted.

Hope thanked LRF for their help. He said LRF is still pursuing the matter so that the arrears and the bills are settled.

He said if LRF had not helped them they would have still been having problems with the tenant. He said they have put another tenant in the house and are now able to settle their school fees.

P/Officer Refuses To Give In-law Benefits

By Madube Pasi Siyauya

A 24 year old woman of Zani Muone compound in Lusaka has appealed to the Legal Resources Foundation (LRF) Chaisa Legal Advice Centre to help her get her late husband’s benefits from a police officer who was administrator to the estate.

Carlo Chikufiali 24, told The LRF News that her husband, Wallace Mwanza, was a police officer and died in January 1999. His sister, Sub inspector Bertha Mwanza of Bwacha police, was appointed administratrix.

She said after the funeral, Mwanza shared the household goods amongst her sisters, brothers and parents. She left a few things for Chikufiali and her two children.

The Police Service gave them a funeral grant of K80,000 of which Mwanza gave her K40,000 and kept half for herself.

They went to the bank and got K200,000 but Chikufiali was only given K50,000.

On June 6, 1999,the Police Service paid Mwanza the deceased’s benefits amounting to K1.3 million and she gave nothing to Chikufiali.

When Chikufiali asked Mwanza about this, Mwanza told her the money was not hers. She claimed the money was hers because she had brought up and educated Wallace.

Chikufiali obtained a letter from the Victim Support Unit (VSU) at Kabangwe Police Post where her husband was working and took it to Mwanza but there was no response.

She later reported the matter to the VSU at Force Headquarters where she was advised to take the matter to Central Police because Mwanza had worked at Force Headquarters and was friends with the people working in the VSU there.

At the Central Police VSU, Mwanza admitted to having gotten the money and spent it but promised to pay it back.

Thereafter every time Chikufiali went to the Central Police VSU, she was told to go the next day until she gave up.

Chikufiali, who wept openly told, The LRF News that she has no means of survival. She said well wishers were keeping her while her twins were with her father in the village.

Worker Battered Over Missing Maize

By Perpetual Sichikwenkwe

THREE Chipata businessmen recently beat up an employee because he was suspected of having stolen an undisclosed number of bags of maize.

Daniel Mwanza told Chipata Advice Centre paralegal, Evaresto Chulu, that his employers brutally tortured and seized his property worth K4.2 million on allegations that he stole their maize. He sustained chest pains and a leg injury.

He said on October 8, 2001 at around 19:00 hours, the farm manager Ayub Maleki went to his house and made the accusations. Ayub proceeded to search the house but found no maize. He instead grabbed 14 by 50kg bags of fertiliser, 5 bags of cement, a briefcase, dining suite, 2 dressing mirrors and cash, all valued at K4.2 million.

He said Ayub was with Rafik Khatri and they took the items to the director of Greenveld farms, Iqbar Khatri.

They later took Mwanza to a warehouse along Lundazi road where they tortured him.

He reported the matter to a police post in Msekera where he was given a medical report, which he took to the hospital for treatment.

After several follow ups, the officer in charge told him that Maleki, Rafik and Iqbar had been to the police station and said they had agreed with him [Daniel] that the medical report be destroyed and they would give him all his property but Daniel denied having agreed to anything.

It was after this information that he decided to report the matter to LRF.

Chulu confirmed that LRF would sue Maleki, Rafik and Iqbar for compensation because they committed torts of trespass on his property and goods, assault and battery.

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