NUMBER 29                                     JUNE, 2001

Assist Me Get My Brother’s Dues From The Army

Dear Advisor,

I write seeking advice from your office on what to do. I lost a brother who was a soldier at Commando Mushili Camp. He joined the army in 1980 and was officially an employee under the Ministry of Defence for 15 years.

The truth of the matter is that my brother Corporal Garry Inambao No. 81138 whilst on operation in Eastern Province under Command Captain Mukamba went missing on the 4th of April after coming into contact with Renamo Soldiers of Mozambique in the Mozambican Territory.

The family were only informed of his missing after a year and documents were processed to enable the family continue drawing his salary until he was to be confirmed dead.

I was advised as a family representative to process some relevant papers so that we could be given his benefits.

To our disappointment when these were presented to the Army, no one at the relevant offices seemed to know what to do. I was told to go back and come after 3 months so that they could have enough time for consultations.

After 4 months I went back to the same office Army Headquarters ‘A’ Branch and I was told that some papers were missing from the file and I should travel back to Ndola Commando Unit to process them. Going back to ‘A’ Branch Headquarters with the required documents I was told that both the files went missing and they needed much time to look for them. I gave them more time to do so. But up to date, the files are not traced.

Because of the incompetence at ‘A’ Branch and finance offices of the Zambia Army, the benefits were worked out. The working out ended last April 2001 and the amount offered to the family is K659, 862.00 as pension for 15 years, dying on duty and for his missing body.

As a family, we have failed to understand the criteria the Army used to arrive at this figure. When I went to find out from the legal office at Army Headquarters the man I found showed me much ignorance and so were the rest of the offices who too looked ignorant or pretended to hide the truth.

Therefore, our complaints and demands are as follows-:

-Our brother died in active service on Foreign Land so he must be compensated.

-Our man died as a gallant soldier, so he must be promoted just as it is accorded to other soldiers who die on duty.

-Our brother’s remains are somewhere in the Western Part of Mozambique and for sure the Renamo Representatives have the maps of where they buried soldiers from other countries therefore the Government should trace his remains and bring them home for official burial since the war in that country is over.

-For 15 years of service, no one got that amount even if it was normal retirement. Our brother’s benefits must be worked out at the current rate not for that of 1995 because the fault was not ours.

- The Commando Unit should give the family his belongings.

His file has been sent to pensions and its number is F II 35731.

Your assistance in this case shall be highly appreciated.

Mrs Annie M.Mutentwa (Inambao)

Dear Mutentwa,

The Defence Act does provide for special death gratuity in respect of an officer or soldier who dies on official duties.

The government has a legal and moral obligation to trace the remains of soldiers it sends outside Zambia for duty and to liase with the Mozambican government through bilateral or diplomatic channels to achieve the same.

It goes without saying that the personal belongings of the late Corporal Inambao remain his personal estate for the benefit of his beneficiaries. On the pension, the Act states that pension shall be payable from the day following the death of the person. To remedy the delay therefore interest from the day of death should be demanded.

LRF Should Help In My Appeal

Dear Advisor,

May the grace and peace of God continue to surround you all at Legal Resources Foundation [LRF].

I am Boswell Kunda here at the Maximum Security Prison. I have come to you confidently and faithfully that I may have favour in the eyes of God.

I am therefore appealing to your office for help in terms of legal representation at the Supreme Court on my appeal already made to the Chief Justice for review of my judgement and the case in general. My appeal number is 47/99. I was denied justice by Justice Lombe Chibesakunda on 06.03.01 who delivered judgement. I appealed before the Supreme Court, Ndola to hear my appeal against both conviction and sentence [death] on 05.12.00 and 06.12.00. I was arrested in 1997 and was convicted and sentenced to death by judge Wankie of Kitwe High Court for an alleged offence of murder.

After losing my appeal I have been trying to get my case papers [both my copy of grounds of appeal and a copy of the judgement to no avail.

So I am appealing to your office so that you may start by getting the above named documents from Ndola Supreme Court and pursue them.

Boswell Kunda.

Dear Boswell,

The decision of the Supreme Court is final and as such the Chief Justice has no power of review of its decision. The option open to you is to appeal to the Republican President to commute your sentence or for a pardon.

Ministry Of Education Has Failed To Pay Me

Dear Advisor,

I write to seek advice, after waiting for the Ministry for three years without effecting the following payments due to me:

- Re- settling allowance on staff re- appointment to Chilubi Basic School on 1st October, 1997

- Responsibility allowance for teaching grades 8 and 9 for 15 months[ from 1st October 1997 to December 1998]

- Re- upset allowance on my transfer from Chilubi Basic School to yourself school on 11th February, 1999

- Rural hardship allowance

- My basic salary for 36 months and gratituty.

My contract expired on 1st October 2001, and the letter dated 21st September, 1997 from the teaching service commission on staff re-appointment addressed to me ts60760 refers to the above subject.

I am a family man with pupils attending boarding schools and have been forced to borrow vast sums of money to enable my children go to school.

I am a victim of mental torture whose human rights have been grossly violated.

I look forward for your assistance.

Yours faithfully, Justine Sefuke Mwila

Dear Mwila,

Take up the matter with administrative authorities within the Ministry and the Teaching Service Commission. If you are convinced that recourse to them is unbeneficial, you can sue the government for breach of contract depending on the terms of your contract. You can sue in person with our assistance. Get in touch with one of our Legal Advice Centres.

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