NUMBER 36                                     February, 2002

After LRF Applied For Inquest

By Perpetual Sichikwenkwe

The Director of Public Prosecutions (DPP) said he was disappointed with the police's inability to bring to his attention the case involving three slain Kasisi Girls Secondary School teachers. He said this after Legal Resources Foundation applied for an inquest to compel police investigate and bring to book those responsible for the murder.

Mukelebai Mukelebai told the court presided over by Coroner Richard Choonga last month that police failed and neglected to take the case of murder to his office resulting in the delay of prosecuting the two persons involved.

Mukelebai told the court that the reasons why the case of murder was not brought to his attention was best known by the police themselves.

He said he only knew about the whole case on January 25, 2002 when he had an opportunity to peruse through the docket of the case and this was 3 months after the violent death of the teachers.

He told Coroner Choonga that he only learnt about the case through persons not connected to the police that it had been forwarded to his office.

Fumu Chimwongo, Edon Happy Mupenda and Kelvin Nyirongo were on September 7, 2001 shot at the residence of Gibson Zimba, the then Permanent Secretary at State House by a lone police officer. It was earlier reported that the three teachers were shot by a lone police officer when in fact they were shot by Zimba himself.

Mukelebai applied for the discontinuance of the inquest saying it was unnecessary as there was overwhelming evidence that the three deceased persons died a violent death. He directed police to arrest the persons involved, and charge them with murder without any further delay.

He also said that after reading through the docket of potential witnesses and the post-mortem report, which revealed the cause of death, there was overwhelming evidence connecting specific and identifiable persons as being responsible for the violent death of the three.

"Your honour, an inquest in this case is totally unnecessary. There is overwhelming evidence that the three died a violent death. I have consequently directed the police to arrest and charge for murder the persons having been identified through investigations as being responsible for causing the death," he said.

This he said was according to section 6 sub section (1) of the Inquest Act chapter 36 of the Laws of Zambia.

Former State House permanent secretary Gibson Zimba and police officer Kenius Siamuzyulu have since been arrested and charged with murder.

Legal Resources Foundation lawyer Clement Tafeni who is representing families of the deceased said he was happy with the DPP's move.

"This application by the DPP would have saved our time and resources if it came much earlier than now," he said.

He said the families of the deceased approached the foundation because they wanted justice to be seen to be done and it can only be seen to be done if the culprits are prosecuted.

P/Officer Kills Man Over Beer Debt

By Perpetual Sichikwenkwe

A police officer in Chalimbana has shot dead a 28-year-old man for failing to settle a beer debt.

Joe Mpambeni, a Suntech employee, died instantly after being shot by Constable Miti because he delayed to pay a K3,000 debt to an illicit beer brewer, Jean.

Elder brother of the deceased, John Mpambeni told The LRF News that his late brother Joe got some beer from Jean on credit promising to settle the bill at the month end.

Jean approached her debtor as soon as he got paid but Joe deferred payment to the following day.

Jean feeling aggrieved, reported the matter to Chalimbana police station.

Officer Miti together with Jean went to fetch Joe and when they found him, Joe sought to explain his position but Miti asked him if he was aware that he (Miti) never missed his target when it came to shooting.

Before he could answer, Miti pulled out a gun and shot him three times leaving him dead.

When the family went to the police station to seek an explanation, they were told that the police would provide everything during the funeral but they only provided a coffin after five days.

Joe was buried on February 11, 2002.

When the family went back to the station to seek redress, Miti told them there was nothing he could do but if they wanted they could report the matter anywhere they wished.

The family decided to report the matter to Legal Resources Foundation.

LRF lawyer Geoffrey Mulenga said he was concerned with the high number of extra judicial killings going on countrywide.

Mulenga said he has noted with alarm that in the recent past, that numerous such cases have been reported to LRF.

He appealed to the Director of Public Prosecutions to appoint certain specified lawyers who will be prosecuting police officers involved in extra judicial killings of suspects.

He also complained that police high command seemed to be protecting some officers citing this as one of the reasons why the trend has continued.

Mulenga said the Foundation would take legal action against the state on behalf of the family.

Chibolya Police Impose Curfew On Residents

By Monica Kunda

CHIBOLYA police have introduced a 20:00 hours curfew for all the residents of the compound.

Residents spoken to complained that the police officers usually move in a minibus arresting any person they find outside even ifone is merely going to the toilet.

A man from the compound who sought anonymity told Kanyama paralegal officers that once the police officers fill the bus with people they batter and detain them at Chibolya police post.

The following morning, the policemen demand K10, 000 from each person in order for that person to be released.

He said those who do not have money are detained are detained until someone pays for them.

He said the policemen have turned this exercise into an income generating venture because no receipts are issued to the people who pay.

He named one of the police officers involved in conducting the patrols as Constable Mukuka.

When Kanyama paralegal officer Johnstone Kalebaila visited the police post, a police officer from the Criminal Investigations Department (CID) by the name of Chewa confirmed that police officers conduct such night patrols. LRF lawyer Goeffrey Mulenga said it was scandalous that police officers who ought to be the custodians of the laware the first to disregard it. He noted that the Zambian constitution protects every Zambian’s freedom of movement and it was therefore illegal for police to arbitrarily apprehend anyone they found outdoors, unless there was a state of public emergency regularly proclaimed.

Two girls from the same compound also lodged a complaint at the centre about the behaviour of police officers from the police post.

The two, Janet and Rhoda who preferred to be called by their first names, said they were arrested on January 31, 2001, for failing to pay a debt of (three thousand kwacha) K3000.

They said they were insulted and detained at the police post the whole day until they paid K10, 000. The duo said they were not given a receipt for the money.

They approached the legal advice centre to find out whether the police are in order to detain people who have failed to pay a debt. They also wanted to know if it was in order for the police to receive K10, 000 without receipting the money.

Kalebaila told them that police officers do not have the power to intervene in civil matters.

LRF Rescues Katete Farmer From Imprisonment

By Perpetual Sichikwenkwe

Legal Resources Foundation (LRF) rescued a Katete farmer from being sent to prison for contempt of a Katete magistrate court.

The farmer, Timothy Sakala, did not appear before the court as he had travelled to Chipata to ask LRF to represent him in the matter.

But LRF Chipata paralegal Clement Mwale, who accompanied Sakala to Katete, asked for the court's leniency to cancel the warrant of arrest to which the magistrate agreed.

The problem is that Sakala's neighbour Nebat Mbewe claims Sakala's farm has taken up some of his land.

When they failed to resolve the dispute outside court, Mbewe sued Sakala to vacate the disputed land in the Katete Magistrate Court.

Magistrate Manyoni ruled in favour of Mbewe with costs to be met by Sakala. When Sakala failed to pay the court costs, a writ of fifa was issued against him and some cattle was seized and sold.

Later, Mbewe complained to the police that Sakala wanted to shoot him because he alleged he (Mbewe) was occupying his land illegally. The hearing of his complaint was set for November 16, 2001, the date that Sakala rushed to Chipata LRF seeking for legal aid.

Mwale accompanied Sakala to Katete with a view of carrying out a search on the proceedings and judgement.

The magistrates said that he had issued a bench warrant against Sakala or pay K100, 000 as security for disobeying a summons to appear before the court on the 16/11/01.

Mwale also noted from the case record that Sakala lost the case simply because the Eastern province lands officer never testified before the court though he wrote a letter advising the court that Sakala is the legal owner of the farm and he has been paying the ground rates.

I Was Just Joking-P/Officer

By Perpetual Sichikwenkwe

THE police officer who sold himself an impounded vehicle now says he was just joking with the owner when he told him that he had bought the vehicle.

The police officer Kunda told Legal Resources Foundation (LRF) Chilenje advice Centre intern Chanza Sikazwe that he did not mean it when he said he had bought the vehicle for K50, 000 at an auction sale but wanted to see how the owner would react.

However, he admitted to Sikazwe that he had intentions of buying the vehicle if it were auctioned.

Emmasdale police officer in charge Nkashi told Sikazwe that after learning that the impounded vehicle had been taken to Kunda's house in Sikanze camp, he ordered him to take it back to the police station.

Nkashi explained to Sikazwe that the vehicle was impounded not only for being faulty but also because Collins Mukelebai's driver had hit Kunda on a road block when he was trying to tell him to stop.

He said for all these offences, Mukelebai was supposed to pay K600, 000 in order to have his vehicle released.

Sikazwe managed to negotiate a reduction on the fine to K54, 000 as the other offences or defects were such that a warning would suffice.

Nkashi told Kunda not to be taking advantage of traffic offenders but emulate his superior’s behaviour in handling public matters. Sikazwe thanked the Emmasdale police officer in charge for cooperating with LRF.

Kunda is alleged to have sold himself Mukelebai's vehicle after impounding it for not having rear lights. He refused to return it despite pleas that the K50, 000 would be given to him.

Solwezi Provincial Land Demarcators Corrupt

By Delphine Hampande.

Provincial Land Resettlement officers in Solwezi are reported to be corrupt as they ask for money from farmers before allocating or demarcating any land for them.

The farmers said the officers demand money in the range of K 50,000 to K100, 000. The officers are also alleged to be selling land to people at prices higher than government designated and pocket the differences.

The farmers, who stormed Solwezi Legal Resources Foundation (LRF) offices, said it was now difficult for people especially farmers to get land from the Land Resettlement officers.

"Land is a very important thing in one's life especially to those of us who are farmers and as far as we are concerned we are supposed to get it free of charge. One wonders why these officers make us pay when we do not even have the money," one farmer complained.

Farmers Francis Kabaso and Pumbwe Maxwell said when they realised that the trend was continuing, they decided to team up and report the matter to the Principal Land Resettlement office which falls under the Department of Resettlement. However, nothing was done to redress their grievances.

Solwezi LRF paralegal officer Sianga Mulunga said corruption was a criminal offence and that any one found guilty can be convicted.

Sianga advised Land Resettlement Officers to act within the law and carry out their duties efficiently and not demand for money from the needy and helpless. He is, however, handling the matter.

Farm Workers Appeal For Help

By Perpetual Sichkwenkwe

Three farm workers whose employment was terminated without notice have appealed to Legal Resources Foundation (LRF) for help.

Andrew Makoyanga, a building foreman, Evans Lengwe, a workshop foreman and Mateo Kalibuku, a tractor driver, all of Jonhken Friendship farm had their employment terminated without notice.

Their last salary was K100, 000 but their former director Ling Futting wanted to pay their dues using the old salary of K70, 000.

This forced the workers to seek intervention of the labour office who, wrote to Futting telling him to pay the farm workers the correct amount.

When they went back to see their former director, he insisted that he was paying them their correct dues. He also threatened them with violence.

When they persisted, Fitting ran into the house, came out with a pistol and threatened to shoot them.

They went to report the case to Kitwe Central Police where they were advised to go back the following day.

The three workers also reported the case to LRF.

Apart from demanding their money the workers complained to LRF paralegal Paul Hibwengwa about the inhuman treatment and slave-like conditions at the farm.

Hibwengwa advised them to leave the case in the hands of the police and only come back to LRF if nothing tangible was forthcoming.

He told them that the labour office could prefer criminal charges against their former employer if he refused to comply with a directive from them. It is an offence under the employment Act for any employer to refuse or disobey the directive of an authorised officer.

L/stone Defilement Cases On Increase

By Madube Pasi Siyauya

The Legal Resources Foundation (LRF) Livingstone Office is concerned about the increasing number of child defilement cases in the area.

LRF paralegal Patricia Phiri told The LRF News that on January 28 and 31, 2002, she received cases of two boys aged 17 on separate occasions who raped babies aged 3 and 2 years respectively.

Phiri said one of the boys infected one of the girls with Syphilis.

Shesaid LRF is considering sensitising the community about child abuse. She said when such things happen parents should not hesitate to report the cases to the police. She appealed to parents not to settle such matters out of court because they are criminal offences and the offenders must be punished.

She has also urged the courts to give maximum sentences to perpetrators so that they can learn lessons.

Phiri said one of the boys has already appeared in court while the other one is yet to appear.

Bring Back The Mealie Meal Bag Before Divorce -Husband

By Perpetual Sichikwenkwe

A Lusaka man has ordered his wife who has refused to reconcile with him to take back the bag of mealie meal she got from the matrimonial house when she left to go to her parent’s house.

Steven Musonda complained to Legal Resources Foundation Mtendere centre that his mother in law went to get his wife from the matrimonial home after he went to attend a funeral in Kalikiliki.

He said his wife with whom he has 2 children also got mealie meal before going to her parent’s house in John Howard.

Musonda demanded that his wife Violet Mwizara who has opted for a divorce take back the mealie meal, as the commodity was now expensive.

But Violet said she got the mealie meal because of the children who needed to eat but she would buy Musonda another bag because he tarnished the image of her family by telling almost every one in the neighbourhood that she stole mealie meal.

Violet said she went to her parent’s house not because her mother went to get her but because she was tired of the beatings from her husband.

She said she had enough of them more especially that at one time he extracted her tooth.

Violet said she wanted their marriage dissolved because she was not enjoying it any more.

But paralegal Goldwin Mutale advised them to go to the court if they wanted their marriage dissolved as the foundation had no power to end it.

Police Officers Batter Officer With His Family

By Perpetual Sichikwenkwe

A police sub inspector was battered by fellow police officers after he refused to vacate the house he was living in.

The sub inspector was beaten with his wife and children and later detained in police cells.

This happened after Sub Inspector Brighton Musukwa who was based at Kitwe Central police station was given a transfer to another police station but refused to vacate the house because the other house he was given was small and had a broken roof.

Musukwa who was still waiting for alternative accommodation said on December 20, 2001 while he was at work, chief inspector Lungu, other Kitwe police officers and two convicted prisoners went to his house and only found his children.

The chief inspector using an iron bar forced open the door and instructed others to enter the house and start packing Musukwa's things.

When Musukwa went back home, he was informed about what had happened. He discovered that his K6.3 million, some packets of rice, 20x2 meters chitenge material and other items were missing.

He went to report the case to the human rights office and an officer from there accompanied him to Kitwe Central police to see the officer in charge who refused to open a docket on house breaking and theft. He instead referred him to the officer commanding.

The following day around 09:00 hours, 7 mobile police unit officers, 2 convicted prisoners and 1 Criminal Investigations Detective (CID) went to his house and told him they had been instructed to evict him forcefully or beat him up if he offered resistance.

They immediately started throwing his things out. When he tried to stop them, they turned and started battering him and his wife.

They then stripped him half naked and bundled him into a van. Musukwa and his children aged 6, 9 and 12 were locked up in cells. His children were released later in the day after intervention from high authorities. Musukwa was not charged until December 25, 2001 when he was charged with disobeying lawful orders.

His release came after Musukwa's son went to the police to inform his father that his wife was hospitalised because of the beatings.

Musukwa told Legal Resources Foundation Kitwe paralegal Paul Hibwengwa that he never refused the transfer in defiance of his superior officer's directive but because the house he was offered was not habitable.

Hibwengwa advised him to sue for false imprisonment and assault.

LRF would take legal action against the officers involved.

Milima Warders Share Prisoner's Food

By Delphine Hampande.

PRISON warders at Milima prison in Kasama's Northern Province are reported to be giving themselves shares of the consignment of food that is sent to the prison.

One prisoner who stayed in prison for four months and was only released after Legal Resources Foundation (LRF) bailed him out on January 28, 2002, said the food ranges from beans, rice and maize rice.

Stanslous Makungo Mulawisha, 33, attributed the escalating diseases in the prison to insufficient food.

"Until the situation is normalised, prison warders will continue to eat prisoner's food making things worse especially for TB patients who needed a lot of food," said Mulawisha.

He said if prisoners were given all the food budgeted for them, the issue of food shortages in prisons would have lessened by now, adding that sometimes they go for 21 days without eating.

He said prisoners stopped eating nshima sometime back; all they eat is thick porridge, in order not to run out of food within a short time.

LRF Kasama legal advisor Gilbert Yumba said that the warders were wrong because they were denying the prisoners the right to food which they can only get from the prison as most of them did not have relatives nearby to provide them with food.

Yumba urged senior members at the prison to look into this matter before it gets worse because everyone regardless of place deserves to eat enough proper food.

And late last year, The LRF News carried an article of prisoners being starved for more than two weeks due to shortage of food and late delivery by the Government.

Yumba asked the people responsible to take the problem seriously.

Police Officers Use Seized Goods

By Madube Pasi Siyauya

Police officers at Lusaka's Central Police Station are using suspects'goods seized as exhibits in courts.

Legal Resources Foundation Intern Sandra Ndemanga told The LRF News that her client Emmanuel Phiri currently detained at Lusaka Central Prison said a Lightone Daka of Central Police seized two cell phones and a Toyota Corona from him and was using the car.

Phiri told Ndemanga who was visiting the prison that he had some information that the car had even beendamaged. He asked LRF to find out the truth.

When Ndemanga confronted sergeant Daka of room B28 at Central Police, Daka said he was not Lightone but he was keeping Phiri's file. He said the items were confiscated because they are believed to have been stolen goods. When asked whether the car was being used . Daka got annoyed and refused to answer. When Ndemanga insisted, he admitted that they were using the car and that they had a right to do so because they are allowed to do so. He said the car must have been stolen because it had an engine that belongs to another car stolen from Galurn.

Ndemanga asked to see the car but Daka refused and got upset. She insisted until Daka admitted the car had been damaged.

Ndemanga asked if he knew the consequences of what he was saying, whereupon Daka told her not to threaten him because he was going to arrest her. In the first instance, when Ndemanga told Daka that she was from LRF, he told her that he was not happy with LRF because they published a story about two men who were killed by police in Roma township.

Tanzanian "Prison Warder" Ends Up In Zambian Jail

By Madube Pasi Siyauya

A Tanzanian prison warder allegedly ended up in a Zambian Prison after the Zambian Prisoner he was guarding kidnapped him.

Eddy Omary Nkomwa was guarding a Zambian national and another convict at Muhimbili Hospital in Tanzania.

The Zambian National asked Nkomwa if he could make a phone call to a friend from a phone booth.

While at the booth, a car came and two men grabbed him and put him it. He said they injected him with a drug that made him drowsy for two days.

His kidnappers got into Zambia and detained him in a room for 14 days in Lusaka then they went to Livingstone and stayed with him at Tanya Lodge.

After two-days, the police arrested them and charged them of being in possession of a stolen vehicle. He was only acquitted six months later by a magistrate.

He came to Lusaka to seek help from the Tanzanian Embassy and he was detained at Kamwala remand prison for not having valid documents.

During a prison visit by Legal Resources Foundation (LRF) Intern Moses Chitambala, Nkomwa asked Chitambala for help.

When Chitambala contacted the Tanzanian Embassy, they went to visit him in prison and they contacted their government in Tanzania who said they would not assist Nkomwa because he assisted prisoners to escape.

Nkomwa challenged his government to prosecute him if he committed a crime in Tanzania but they did not heed.

Nkomwa was only deported back to his home country when the Permanent Human Rights Commission in conjunction with the Danish government provided funds to deport Prohibited Immigrants in order to decongest the prisons. He was deported on January 29, 2002.

Guardian Abandons Orphan

By Monica Kunda

GUARDIANS of a nine-year-old boy of Chibolya compound have run away leaving him destitute.

Simon Kapya told LRF News that his aunt Sinkati ran away from debt collectors on February 1, 2001 leaving him behind when he had been sent to buy tomatoes.

Kapya’s neighbours said his aunt had left for Lusaka West and had carried everything.

Kapya stayed in the empty house for two days without the aunt showing up. Kapya accompanied by his friend then went to Chibolya police post where he has been up to date.

The boy said he was an orphan who was being kept by the auntie and since the death of his parents life has never been the same.

He thanked the officers from Chibolya police post who are giving him food and shelter.

Explaining the incident to LRF News, Constable Naliswa from Chibolya Victim Support Unit said he found the boy at the Police post on Saturday February 2 when he reported for work.

He confirmed that according to the officers who were on duty on February 1, the boy was taken by his friend to the police post in the evening.

He said on Saturday January 2 police officers went to a place where the boy was staying and found no one there.

"From the investigations that we did, the guardians of the boy left because of getting a lot of debts from people and were running away from them," he said.

Naliswa said this is not the only case in which orphans are suffering like that. He said the economy is bad and the family set up has changed that is why relatives are failing to keep other people's children.

He feels that the society as a whole should do something in order for the situation to change.

Immigration Laws Need Review

By Delphine Hampande.

Zambian children with foreign fathers have complained at the manner in which the Immigration Department is treating their parents who are found with cases to answer.

The children said regardless of how many years one has spent in the country, once their parents were found with cases to answer, they were deported leaving them behind to suffer.

Legal Resources Foundation (LRF) Intern Moses Chitambala said it was vital that the department reviewed their laws because Zambian children whose mothers were foreigners enjoy their stay with no impediments.

Chitambala said though the Immigration and Deportation Act allows a wide exercise of discretion by immigration officers and other government officials handling issues of prohibited immigrants, they must always bear in mind that the discretion used ought to be fair and conforms with the public interest. He said while everyone appreciates the work of the Immigration officers in protecting the nation's interests from the undesirable activities of PIs, the immigration laws make no sufficient provision for considering cases on merit so that the interest of the public at large can be affirmed.

"It is contrary to public interest to separate an established family in order to satisfy the unjust demands of the laws, especially that it is discriminatory. The immigration Act should be reviewed so that every Zambian citizen benefits fully," Chitambala said.

He said if the system of separating families especially parents who were breadwinners continues, the number of street kids will skyrocket.

Chitambala has also asked the immigration to be deporting foreign nationals on merit because most of those that were deported had stayed in the country for more than 10-30 years but were not given permits.

Another Man Dies In Chawama Police Cells

By Madube Pasi Siyauya

A 25-Year-old man has died in Chawama Police cells, two months after another boy died there.

Alison Phiri of Chawama Compound died in police custody after being detained for about seven days.

According to the deceased's grandfather Peter Chirwa, Phiri was detained on January 27, 2002 as the first suspect in a house breaking and theft case of his neighbour's house.

Chirwa said on the material day, Phiri woke up early in the morning and went to buy a pig for sale at Soweto market.

Whilst there, his neighbour reported a case of house breaking to the police and mentioned Phiri as the first suspect.

Police officers broke the door to Phiri's house and searched it while he was still at the market.

A police officer only known as 'Suke Chile' picked him up from where he was selling the pork, took him to his house and searched again but found nothing incriminating.

On January 28, 2002, Chirwa sent his son Philip to take food for Phiri but one of the police officers there slapped him and asked him why he was taking food for a thief.

Chirwa then sent his elder brother Kennan Mumba but he, too, denied access to Phiri.

On February 2, 2002, Mumba went back there to see Phiri and he was told that Phiri had become very sick and was taken to the University Teaching Hospital (UTH) where he died at 10:34 hours.

But according to Phiri's cousin, Billy, who was also detained at the same time for loitering, Phiri died at midnight in the police cells.

Chawama Police Station Criminal Investigations Officer Inspector Chewe told Chirwa that Phiri fell sick in the night and was taken to Chamwama Clinic and later UTH where he died.

Chirwa went to UTH to see Phiri and found that he had bruises on his back. When he inquired from UTH authorities he was told that Phiri was Brought In Dead (BID).

Billy told Chirwa that the police officers used to beat Phiri with short batons and that they hit him against the wall and floor. He said 'Suke Chile' instructed police officers to beat up Phiri or even kill him because he was a thief.

Billy said before Phiri died he could not stand and had problems speaking. He said he had body pains.

Inspector Chewe also told Legal Resources Foundation staff who attended Phiri's post-mortem that the police wanted to give Phiri a police bond but he told them that he had no relatives. The post mortem was conducted on February 7, 2002.

The comments by pathologist Dr R Pathak were that Phiri had some bruises on various parts of the trunk mostly at the back and right shoulder. Dr Pathak said it appeared Phiri had some confrontation with other people and during that either he was hit against some hard article (ground or wall), which caused concussion of the brain leading to marked oedema (swelling of the brain ) which in turn might have led to the failure of respiratory and cardiac centres. Chirwa has asked LRF to pursue the matter on his behalf.

Two months ago, an 18 year old boy Eddie Muonga died in Chawama Police Cells after being battered by police officers.

About 80 remaining PIs to be deported soon

By Monica Kunda

The Immigration Department is planning to deport about 80 more Prohibited Immigrants (PIs) to their respective countries.

Commenting on the recent deportation of 103 Pis, by the government, Immigration Department public relations officer Greenwell Lyembe said it was not their intention to keep PIs in prison for a long period but due to lack of funds the department is forced to do so.

He said the previous exercise was successful because of the Permanent Human Rights Commission who funded the trip.

Lyempe said those who were deported were from Zaire (85), Kenya (5), Tanzania (12), and Uganda (1).

He said arrangements were being made to deport PIs from countries that are far away when the funds are ready. He said the department will purchasetheir air tickets and deport them.

He has warned all foreigners who have intentions of coming to stay in Zambia to have proper documents if they have to stay in peace in the country.

Lyempe expressed shock at the behaviour of some PIs who after being deported come back to the country with forged documents.

One of the wives of a PI from Tanzania who was deported said she was very happy about the exercise.

Elizabeth Phiri said her husband was arrested on July 23, 2001 as a PI. Since then he has been staying in prison.

Phiri said immediately after her husband was arrested, she reported the case to Chawama Legal Advice Centre.

" I have used a lot of my money for transport to and from my home in Chawama to the prison. Currently we don't have money at home," she said She said if all goes well she hopes to join him later.

I Will Sue You After DNA Test

By Perpetual Sichikwenkwe

A man who was reported to Legal Resources Foundation for not maintaining his child has threatened to sue the mother of the child if a DNA test revealed he was not the father.

Tenford Goma of Mtendere told Barbara Chama of the same compound that he would take her to court after having a DNA test done on the child if it was found he was not the father as she claimed at Woodlands Police Victim Support Unit.

The fight started when Goma wanted to get the 5-year-old child but Chama refused saying the girl was still young and that a stepmother could not keep her.

Goma summoned Chama to Woodlands Police Victim Support Unit to resolve the matter but Chama told him that in fact he was not the father of the child.

But when asked by LRF Mtendere paralegals Goldwin Mutale and Sylvia Kapungwe, Chama said she told Goma that because he had neglected the child.

Since then, Goma has maintained that he would look for money to take the child for a DNA test to ascertain if he was the biological father of the child.

Goma said if the DNA test showed he wasn't, he would sue Chama for all the money he has spent on the child and for defamation.

But Chama said she would also sue Goma for child maintenance if the DNA test proved he was the father.

LRF paralegals brokered a settlement under which Goma would keep the child for the time being since Chama's husband has refused to continue keeping the girl because he was fed up of his wife being summoned over the child every now and then.

Chadiza Council Employees Reinstated, Demoted

By Perpetual Sichikwenkwe

Two council employees who were dismissed by the Chadiza District Council for insubordination, shoddy performance, concealing information and dishonesty have been reinstated and demoted.

The two were reinstated after Legal Resources Foundation Chipata supervising lawyer Clement Tafeni represented them during an appeal against the dismissal before the Eastern Province Local Government Appeals Board.

The Appeals Board decided on November 16, 2001 to reinstate Lameck Phiri and Michael Chiumia who were District Council Deputy Secretary and Treasurer respectively.

Phiri was demoted to Chief Administrator while Chiumia was made deputy treasurer.

In an appeal to the Chipata High Court, Phiri felt that the board erred in fact and in law in finding that his attitude did not conform with the disciplinary code while Chiumia is contending that the board was wrong in accusing him of allowing other officers to do an illegal act in his presence and that he was liable for whatever misdeeds the officers committed in his company.

LRF Chipata paralegal Clement Mwale said the Appeals Board has no authority to demote an officer under the Local Government and Housing Act. He said further that the detention of the two by Chadiza police officers was unlawful because they were denied bond despite satisfying all the conditions.

The Chadiza police forcefully detained the two saying they concealed information to the council authorities concerning some council officers accused of having stolen K1.5 million from a Chadiza miller. The council later dismissed them.

The two sued the State for false imprisonment and appealed before the Local Government Appeals Board for reinstatement.

Local Court Clerk Cheats Woman Out of K200,000

By Perpetual Sichikwenkwe

A Mazimawi local court clerk in Eastern province allegedly charged a woman K200, 000 for a writ of summons. Jennifer Ngoma of Sosela village, chief Mshoro told Legal Resources Foundation Chipata Advice centre paralegal that the clerk Lackson Mwale told her to pay the money if she wanted a writ of summons.

Ngoma told the paralegal that she went to the court to sue Mulenga Zulu for elopement with her 15-year-old daughter, Dumase Chagona.

She said the elopement occurred in September 2001.

When it was discovered, it was agreed at a meeting between the two families that a marriage would take place. Mulenga was charged a cow for eloping, a cow for dowry and K200, 000-negotiating fee, as per Ngoni tradition.

However, in November 2001, Mulenga's grandmother paid K200, 000 for elopement and said the marriage would not take place as per earlier arrangement.

Ngoma then sued Mulenga for elopement and the court ruled that the earlier agreement would be maintained.

When filing a writ of summons at the local court, Lackson advised Ngoma to deposit K200, 000 as an "exhibit" in court.

But when the case was disposed of, Mwale did not give Ngoma back the money.

She reported the matter to the Eastern Province Local Courts Officer who told her that Mwale's conduct amounted to theft by public servant and referred her to the Criminal Investigation Officer (CIO) at Chipata Central Police Station. Mwale was summoned to the police station but ignored the call.

When she reported the matter to Legal Resources Foundation, paralegal Clement Mwale approached the Provincial Local Courts Officer and Chipata Central police station, CIO, over the matter.

The provincial local court officer told the paralegal that he wrote a letter to Mwale to report and exculpate himself.

And the CIO confirmed that a docket had been opened for Mwale and since he had not answered the police call out, he would be arrested.

Chipata Man Swindled by Couple

By Perpetual Sichikwenkwe

A couple in Chipata, Eastern Province, has been accused of swindling Enock Nyau of K105, 000.

He also ended up in detention after he demanded back his money.

Nyau told Legal Resources Foundation (LRF) Chipata centre that in December last year, he was approached by Cephas Moyo and his wife to buy 7x50kg bags of cement valued at K105, 000 from them.

He agreed and paid the money but when he asked for cement, Moyo claimed that the woman who was keeping them had gone to church and that he would get them later.

Two days later, Nyau went to Moyo's house to find out what was happening. He only found the wife who took him to the woman's house.

But to Moyo's surprise, the woman got upset and accused Moyo of lying. She said she had never met the couple before.

In January this year, Nyau followed the couple again and they claimed the cement was at Luangwa house but it turned out to be another lie. Nyau realised that he had been swindled and asked for property as surety while the couple looks for his money.

He was given a worn out bicycle, 2 reed mats, water buckets and 3 pots.

He reported the matter to Chipata central police station.

On January 25, 2002 Nyau received a call out from Chipata Teachers Training College police post where sergeant Mwando ordered him to take the bicycle alleging that it belonged to Moyo's nephew.

Nyau instead took the bicycle to Central police where he was given a note to take to the police post.

When Sergeant Mwando saw Nyau he immediately apprehended and locked him up in cells despite pleading that he reads the note first.

Nyau was released on condition that he takes the bicycle to the police post. When he went back to the central police station, the inspector called the college police post officer in charge, sub inspector Simanela to explain Mwando's conduct.

It was discovered that Moyo had also swindled another person out of some money pretending that he would supply bags of cement.

Chipata LRF paralegal Clement Mwale advised Nyau to sue Mwando for unlawful detention and Moyo for the recovery of his money or let the police prosecute Moyo for obtaining money by false pretences.

TOP

Protect Children From All Injustices