NUMBER 29                                     JULY, 2001

Habeas Corpus Applications Taking Too Long

By Justin Hakasenke

Applications for Habeas Corpus are supposed to be fast track matters to be completed within a matter of days but there are situations were they have taken long, Legal Resources Foundation (LRF) intern Mabvuto Sakata has said.

"They take so long even up to a period of eight months and this defeats the whole purpose of the application, because after eight months the applicant will have his right to liberty as guaranteed by the Constitution infringed," he added.

He said though this was the case, the Foundation was left with no option but to issue one on behalf of Bob Weeks, a Liberian National who is still in detention despite paying K1, 080,000 as admission of guilt fine early this year.

Weeks was arrested and detained on April 6, 1999 by the immigration department after he was found with an expired Visa. Sakala discovered Weeks last year in September at Lusaka Central Prisons where he is detained.

In the affidavit that he swore, Weeks submitted that his continued detention was unlawful on the grounds that he did not appear before any court of law to answer any charges.

"For over two years I have been in detention despite paying the admission of guilt fine. The immigration has neglected or refused to release me," read Weeks’ affidavit in part.

He appealed to the Judge who would be handling the matter to declare his continued detention illegal and to release him immediately.

K900,000 Refund Lands Man in Cells

By Justin Hakasenke

A man from Kafue was arrested and detained because he failed to refund a person who paid him K900, 000 as down payment for a plot.

Luba Kufekisa, a Police officer at Kafue’s Industrial Police Post, arrested John Mwewa Mumpuka because he failed to refund a Mr Simonda from Chilenje South in Lusaka after Simonda changed his mind about buying the plot and demanded for his money.

Simonda claimed that the Ministry of Lands had taken too much time in changing the owner’s name on the title deeds hence his decision to demand his money back.

"In the first place he paid an advance of K900,000 which he latter claimed from me. On my failure to pay back that amount he (Mr Simonda) reported the case to the police on February 3,2001 and I was detained," Mumpuka said.

Simonda went back to the Police Post the following day to secure Mumpuka’s

LRF Secures Release Of Two Youths

By Madube Pasi Siyauya

Two Lusaka youths spent two years in prison without having any file on the crime they had committed.

Two Matero police officers constables Maila and Mutebeni arrested Mukopeka Nyonda and John Manda on October 10, 1998 to assist them with information about a suspect of aggravated robbery.

They were detained for a week and when the officer in charge questioned the officers on their continued detention without a charge, they decided to charge them with aggravated robbery.

They appeared before the Subordinate Court for mention on December 24, 1998 and were remanded at Lusaka Central Prison.

The two appeared twice after this before the court were they were told that their file had gone missing. They never appeared before the court again until last year when Nyondo’s mother reported the matter to Kanyama LRF Legal Advice Centre.

LRF representatives Mabvuto Sakala and Clement Tafeni followed up the matter at the Director of Public Prosecutions (DPP) office were they found no record of the two. At Matero police post where they were arrested they found the two police officers transferred.

LRF issued a Writ of Habeas Corpus application and the date of hearing was set for October 12, 2000. On September 25, 2000 Justice Elizabeth Muyovwe granted leave when the state entered a nolle prosequi.

Sakala said the LRF is considering suing the State for false imprisonment.

Torture Causes Man To Be Impotent

By Madube Pasi Siyauya

A Kapiri Mposhi Man of Tazara Compound was last November tortured by Kapiri Mposhi main police station police officers and the torture has caused sexual problems with his wife.

Chancellor Mutengu told Kabwe LRF Legal Advice Centre paralegal Paul Hibweengwa that he was arrested in November last year on charges of theft by servant.

He was detained at the Police Station where two police officers named Chishimba and Mwansa suspended him on the famous police swing and tortured him.

He claims the said police officers doused his private parts with petrol until he had sores. They also forced a cloth dipped in petrol in his mouth.

Mutengu says he is now having sexual problems with his wife as the torture has made him almost impotent.

His medical report indicates one of the testicles was swollen from the torture. His body still has sores caused by the petrol.

Hibweengwa has advised Mutengu to sue the police officers in their individual capacity and the State for the torture and battery.

The case in which he is charged with theft by servant is now in court.

Security Guard Bitten By Guard Dog

By Monica Kunda

An employee of G3 Security Company limited was in February this year bitten by his guard dog and denied treatment because his employers did not give him a vaccination certificate book for the dog.

Elias Mbewe, 45, of Chilenje, said on February 25 this year he was bitten by his guard dog at the company premises. He said this happened when he went to hand in his dog.

"When I arrived at Soweto market, I found some dogs. These dogs started barking at the dog that I had and the dog also started barking at them. As I was restraining my guard dog from advancing towards the other dogs, it bit me on the wrist and on my private parts," he said.

He complained that the hospital authorities insisted that they should be given the book before treatment can be commenced.

The man later went to Chilenje legal advice centre to seek advice.

Chilenje legal advisor Sianga Mulunga issued a letter to the company to inquire why they were not giving Mbewe the book. He was later given the book by his employees and consequently treated.

Legal Resources Foundation (LRF) Lawyer Geoffrey Mulenga said the employment Act excludes casual workers from enjoying the same rights as full time employees.

He said this was very bad as it made many Zambians to be abused. He added that investors who have known the law are taking advantage of it and treat their employees like animals.

Mulenga has appealed to the government to introduce strict laws to control investor’s way of treating their workers.

Retrenchee Tricked Out Of Benefits

By Madube Pasi Siyauya

A 30-year-old retrenchee with the Central Board of Health (CBH), Southern Province, lost her retrenchment benefits through tricky circumstances at the Provincial Registry in Livingstone.

Nelly Munkoyo Siamusunse worked for the Ministry of Health for nine years before she was retrenched in March, 1998.

Siamusunse, who sought legal advice from Legal Resource Foundation (LRF) Livingstone Legal Advice Centre, told the paralegal officer Joe Mulafulafu that an unknown person got her payslip from a registry clerk and cashed it at a bank on December 30, 1999.

The bank is said to have made the payment after the unknown person produced a National Registration Card bearing her particulars except for the face, date of birth and date of registration.

Siamusunse said the matter was reported to the CBH and the police in May 2000 but nothing has been done to assist her.

Mulafulafu said LRF has contacted both authorities to find out their position on the matter.

LRF has also questioned why the clerk who issued the payslip has been let scout free.

CBH Southern Province Human Resources Officer in its letter to LRF Livingstone Office said they reported the matter to the police.

Livingstone Central Police fraud department told LRF they did not have transport to travel to Lusaka CBH to do their investigations.

Meanwhile, LRF has written a letter of demand to CBH to effect payment of the money that was lost to their client failure to which LRF will sue on behalf of their client.

Man Finally Finds Father’s Missing Body

By Monica Kunda

A resident of Choma town was last month assisted by the Legal Resources Foundation (LRF) to find his father’s missing body.

Obert Hatuleke complained to the Livingstone legal advisor Joe Mulafulafu about his father’s missing body after it was taken to Batoka Hospital.

Hatuleke said on March 10 this year his father died of suspected cholera and his body was put in Batoka Hospital Mortuary for four days.

The following day the deceased’s uncle Philip Phiri was informed about the death but did nothing to facilitate his burial because Obert was not around.

On March 14, the body was buried without the consent of the family.

After ten days, Hatuleke’s family gathered and went to the mortuary to get the body to prepare it for disposal.

They were accompanied by Constable William Kamanga from the prisons, the officer who was at the bedside of the deceased when he was dying.

At the mortuary they searched for the body but could not find it.

When they checked with the mortuary attendant’s records, it was indicating that the body had not been collected. They also checked with the Council’s record which indicated they had not buried the body.

They went back to the prisons to seek clarity on what had happened to the body and they were told the body was still in the mortuary.

Later on, they where referred to Dr Mwewa, Executive Director at Livingstone Hospital Board of Management, who referred them to the two officers. The family failed to contact the officers because they were out of the office.

When the family saw that nothing was done, they went to seek legal advice from Livingstone legal advice centre.

Legal Resources Foundation lawyer Kachesa Cheelo took up the matter and wrote a letter to Batoka Hospital demanding them to release the body immediately.

Dr Mwewa said the body had been disposed according to the Public Health Act which stipulates the disposal of patients who had died from infectious illness.

This explanation did not satisfy Cheelo and the deceased’s relatives. Therefore, they arranged for a meeting with the Hospital officials on March 29.

During the meeting, Dr Mwewa and public relations officer Kaigo said they had already buried the body and there was an ommission of record by both the Hospital and the Council.

On March 30, Obert with the help of the Legal Resources Foundation knew where his father’s body was buried.

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