NUMBER 29                                     JULY, 2001

By Monica Kunda

Parents of the 150 pupils from Chinsali Girls and Kenneth Kaunda High Schools, who were on June 7 this year arrested by Chinsali Police Officers and charged with rioting and arson, have condemned the action of the Chinsali Magistrate and the police.

Chimambo Kunda, a Lusaka resident and a parent to one of the Pupils, told LRF News that the action of the Chinsali Magistrate and police officers was a violation of human rights and an abuse of judicial process.

He said the magistrate detained the children on June 9 and released them on June 18, 2001 when the Legal Resources Foundation Kasama Lawyer managed to secure their bail.

He said the manner in which the children were arrested was not in order as they were practically abducted.

"When police officers went to Chinsali Girls, they cheated the head teacher that they wanted to interview the girls on the riots and would return them, but instead they detained them," he said

Kunda said police officers battered the children using boots when arresting them.

He said the children were put in Chinsali adult prison which had inadequate sanitation facilities and capacity to contain such a large number of juveniles.

He said on June 11 the magistrate forced the juveniles to plead in his Court in the absence of the Juvenile’s parents or guardians, an Act which is a breach of the law.

He said on June 11 and 12 when they appeared in court, those pupils whose biological parents were present were bailed out and those whose parents were not in Chinsali were threatened with being taken back to the prison.

Kunda said this forced the parents, who were out of Chinsali, to travel to the town so they could bail their children.

When they arrived at the court, they were informed that the magistrate had decided to travel to Kasama and would return five days later.

"We searched for him, found him and pleaded with him to release our children. We explained to him how we had travelled and that we had no resources to stay in Chinsali for many days, but he left," complained Kunda.

He stated that after this incident parents were aggrieved that they decided to seek advice from LRF Kasama centre.

Review NAPSA Act

By Perpetual Sichikwenkwe

A Chipata resident in Eastern Province has called for the amendment of the National Provident Scheme Authority [NAPSA] Act to allow people to get their money any time they retire or stop work.

Annanius Mshanga told LRF News there was need to change the Act not to restrict pension collection to when a person has attained 55 years.

M’shanga said the system of getting retirement benefits at 55 no longer holds water because the life span in Zambia has dropped to about 37 years meaning most people die before getting their benefits.

He said this was violating of people’s right of ownership because Zambian history has indicated that many people have died before claiming for what belongs to them.

Mshanga said people should be allowed to get their money at any time they stop working or retrenched so they could use the money for their livelihood.

"Many people in Zambia have died of depression when they have retired or retrenched because they have no income to venture into business to earn a living. "Why can’t one get his dues immediately he/she stops work so that he/she can use the money to his satisfaction?" Mshanga asked.

Mshanga told LRF News that he had forwarded his argument to Speaker of National Assembly, Amusaa Mwanamwabwa, so that they could amend the Act to suit the present time.

He said Mwanamwabwa had written back to him indicating that his request was under consideration.By Perpetual Sichikwenkwe

A Chipata resident in Eastern Province has called for the amendment of the National Provident Scheme Authority [NAPSA] Act to allow people to get their money any time they retire or stop work.

Annanius Mshanga told LRF News there was need to change the Act not to restrict pension collection to when a person has attained 55 years.

M’shanga said the system of getting retirement benefits at 55 no longer holds water because the life span in Zambia has dropped to about 37 years meaning most people die before getting their benefits.

He said this was violating of people’s right of ownership because Zambian history has indicated that many people have died before claiming for what belongs to them.

Mshanga said people should be allowed to get their money at any time they stop working or retrenched so they could use the money for their livelihood.

"Many people in Zambia have died of depression when they have retired or retrenched because they have no income to venture into business to earn a living. "Why can’t one get his dues immediately he/she stops work so that he/she can use the money to his satisfaction?" Mshanga asked.

Mshanga told LRF News that he had forwarded his argument to Speaker of National Assembly, Amusaa Mwanamwabwa, so that they could amend the Act to suit the present time.

He said Mwanamwabwa had written back to him indicating that his request was under consideration.

LRF to Lessen Cases of Child Abuse in Chipata

By Monica Kunda

The new Legal Resources Foundation (LRF) Chipata Office will help lessen cases of child abuse, Young Women Christian Association (YWCA) Chipata Welela group chairperson Felistus Banda said last month.

Speaking in an interview with LRF in Chipata, Banda said there were a lot of labour, land dispute and child abuse cases in the town.

She said many children have been deprived of their right to education.

"Children in the province are not educated but sent to look after cattle. Some children are sent to sell goods across the road whist others are sent to do heavy activities in the fields," she said

She said there was need for the residents to be taught about the right to education as it was their main weakness and other issues related to child abuse.

She appealed to the LRF to open centres in different towns of Eastern province so that they could educate and assist all.

In line with what Banda said, Chuulu Evaristo from Evidence for Human Rights (HER) and a paralegal officer for Catholic Commission For Justice and Peace said LRF had come at the right time when people needed their services.

He narrated an incident in Chipata where the chief wants to grab land from a woman whom he sold this land to in 1996. He said the woman had title deeds and all documents for the land but in May this year, the chief wrote a letter to her indicating she should leave.

However, the woman reported the case to HER who visited the place but did not find the chief. Therefore, they summoned the Chief to the office.

Chuulu said if this woman did not know the law she would have been evicted from the land.

He appealed to Chipata residents to take advantage of the LRF Chipata centre so they can know their rights and act accordingly.

And Deputy Permanent Secretary of Eastern province Msindo Masiye said the LRF centres in different parts of the country would bring development and encourage good governance in the Country.

"The foundation system of having centres in all provinces of Zambia is very encouraging because it lessens the Government work of educating people," he said.

Liberians Are Suspected Criminals in Zambia

By Madube Pasi Siyauya

LIBERIAN nationals will now be finding it difficult to get refugee status in Zambia because they allegedly commit a lot of crimes, the Commissioner For Refugees at the Ministry of Home Affairs has said.

Legal Resources Foundation (LRF) Intern Grace Zulu said she had problems in helping Liberian asylum seekers because the commissioner for refugees is concerned with the security of Zambians since Liberians are allegedly commiting crimes.

She said a Rwandise national was denied refugee status because the Commissioner for refugees suspected he was Liberian.

Abubaka Kanamugire was arrested in May 2000 with a friend at Chirundu Border when trying to cross into Zimbabwe on a forged Malawian passport.

They were sentenced to one-year imprisonment, which they have served. At the end of the sentence, the friend was released but Kunamugire remained detained because the Commissioner for refugees suspects he is Liberian.

This is despite the fact that the only language he can speck is from Rwanda. The Commissioner for Refugees is basing his argument on most Liberians using the name Abubaka.

Zulu said LRF is considering writing a petition to the Commissioner asking him why Kanamugire has not been granted refugee status.

She said the Commissioner for Refugees has so far acknowledged that Kanamugire has refugee-like reasons to be in Zambia.

"The International Laws of the United Nations High Commissioner for Refugees does not allow discrimination between refugees. Regardless of where the refugee is coming from, they should be treated equally," she said.

Meanwhile, the Commissioner for Refugees released 55 refugees from prison on May 24. These were LRF clients.

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.

Wakumelo Unites With Mother

By Madube Pasi Siyauya

The 13 year old girl who was given to a creditor as security by her uncle until he paid back a K1 million loan has been reunited with her mother.

Wakumelo Nasilele who was given to Liunda of Kanyama compound in July last year by her uncle Boyd Nasilele was reunited with her mother in June this year.

Her biological father’s relatives came to know about the whereabouts of Wakumelo when a story about Wakumelo was published in the LRF News of April 2001.

The relatives wrote a letter to her father to inform him about his daughter. When the father told Wakumelo’s mother about her, her brother and husband (Wakumelo’s step father) rushed to Lusaka and went to Cheshire Home were the Social Welfare department had taken her for safe keeping.

Wakumelo’s stepfather told them that he was the biological father to Wakumelo when he was not.

The two told authorities there that they wanted to get Wakumelo but they were not allowed to get her. They were advised to go through LRF being the people who took Wakumelo to the Social Welfare Department.

The two were said to have harassed Wakumelo and slapped her accusing her of causing problems by having herself reported to Legal Resources Foundation (LRF).

However, Wakumelo’s biological father’s relatives went to LRF and informed them that the man identifying himself as Wakumelo’s father was actually the stepfather. They alleged that the step father and mother’s brother knew were Nasilele was but just wanted to protect themselves from prosecution.

LRF requested Wakumelo’s mother to come.

LRF Lawyer Geoffrey Mulenga who was handling the matter wrote a letter to The Social Welfare Department requesting them to release Wakumelo in the custody of her mother since they did not make an application of a committal order to the court.

He said when a child is identified to be in need of parental guidance, the Social Welfare Department must make an application to court to declare the child to be in need of care. Due to lack of time, Wakumelo was taken to Cheshire Home without the application being made. He said without the application, there was no legal basis to continue keeping Wakumelo while awaiting the arrest of Nasilele.

Police Pay Out K7M In Compensation

By Justin Hakasenke

THE LUASKA High Court awarded a man from Lusaka’s Chilenje South K7,284,38400 as compensation for damages he suffered when the Police detained him for eight days without a charge.

Emmanuel Banda was on July 28, 1998 beaten, searched and detained by two police officers only identified as Hamaamba and Muleya for an unknown offence.

He was detained for eight days at Lusaka Central Police Station.

The incident occurred on Great North Road near Total Filling Station at Chaisa when Banda was intercepted as he was driving his car.

Banda was with four of his friends when he was stopped by four policemen who shot at the car and ordered him and his friends out of the car.

He was then bundled to the Police Station where he was beaten without knowing why.

Legal Resources Foundation (LRF) took the two officers in their personal capacities and the Attorney General to court on behalf of Banda.

LRF Lawyer Geoffrey Mulenga said the plaintiff was claiming damages and interest for the hardships he went through.

The state in its defence admitted Banda was detained for eight days without being charged.

According to the judgement, Banda was awarded K4, 000, 000 and interest at 20 per-cent from July 16, 1999 to date of payment and cost to be taxed in default of agreement.

After the calculation, the amount awarded was K7,284,38400 and it was paid on May 16, 2001 by the Ministry of Finance and Economic Development by cheque.

However, Mulenga said the amount awarded was insufficient.

"But in principle we are happy that the courts are realising that the State and its agents cannot infringe upon people’s rights and get away with it. In addition, people with cases still in court should not give up because eminently no matter how long it takes the state will pay. Some individuals think that one can be detained unlawfully today and get compensation tomorrow," he added.

Banda later discovered he was detained on suspicion of a robbery and murder which had occurred along Freedom way on the day that he was arrested.

Be Patient With The Courts-LRF

By Perpetual Sichkwenkwe

Legal Resources Foundation (LRF) has appealed to members of the public to be patient with the judicial delivery system in the country and not rush to conclude that the organ is inactive.

Chipata Advice Centre Paralegal Clement Mwale said there was need for members of the public to understand the environment in which the Courts were working.

He said people should accept the fact that apart from other reasons, the judicial system in Zambia is slow because the courts are understaffed and they are a lot of cases to be attended to.

Mwale said people should be lenient with the courts especially the Supreme Court because the decision made by that court is final and ideal therefore the need to look at cases with more attention.

He was referring to a case in which a retrenched Chipata resident has appealed to LRF to help him get his benefits alleging the Supreme Court and a Lusaka based Law firm were taking long to finish his matter.

Facts of the matter are that, in 1997, the African Plantation Company of Kasama retrenched Annanius Mshanga and three others.

The company had stipulated condition of services under the Zambia Privatisation Agency [ZPA], among the conditions was that upon retrenchment, Mshanga and his friends would be entitled to K42 million each.

However after retrenchment, there were told that they were not going to be paid under the ZPA agreed condition of services but that the company would pay them according to what it would afford.

Mshanga alleged they were offered K9 million only.

He said the trio decided to take the matter to the High Court where it ruled in their favour that they be paid under the ZPA conditions.

However, in September 2000, the Company decided to appeal to the Supreme Court. It was decided that the matter be heard in September this year, a year after the appeal.

It was because of this that Mshanga thought the Court was taking long to finish his case.

Kabwe LRF Complains of Minimal Court Fines

By Madube Pasi Siyauya

Local Court Justices in Kabwe are said to be giving minimal fines to men who fail to support their children, LRF Kabwe Legal Advice Centre paralegal Michael Mwanza has said. Mwanza said when he enquired from a Local Court Justice who declined to be named as to why they did so, the Justice said Courts felt sorry for most victims who were in poor paying jobs so they reduced the fines to affordable rates.

Mwansa said this pity had resulted in a lot of men being on rampage impregnating women who they left to fend for themselves. He said this was an unfair situation as most women were not able to take care of their children.

Mwanza said courts should be given powers to claim maintenance from someone’s salary like the case is in Zimbabwe. He said the courts in Zimbabwe have powers to claim maintenance from an individual’s salary which is deducted monthly by an employer and sent to the woman through the courts of Law. He said this system would greatly assist Zambian women.

However, some men in Kabwe have complained to LRF saying that women who they have children with just want to use them to make ends meet. They claimed that the mothers deny the fathers custody of their children alleging that the children would suffer at the hands of their stepmothers.

New Lawyers Advised To Be Professional

By Monica Kunda

The Law Association of Zambia (LAZ) recently called on new lawyers to serve their clients to the best of their knowledge and professional skills.

Speaking on the June 29, 2001 call day of 27 new legal practitioners held at the Supreme Court of Zambia, LAZ Chairman Christopher Mundia said an advocate has a responsibility to society.

"We should always be ready to give a helping hand to society in time of need in order to give back to society what we have received from it," he said.

Mundia said according to section 4 of the LAZ Act, lawyers are required to identify themselves with society and its institutions by upholding the Rule of law.

He stated that the judiciary was an independent organ guided by the Constitution, the law and professional ethics. He said for this reason lawyers are expected to work independently.Mundia added that lawyers are a strong force for change in the society and are an instrument in the judicial system.

He urged new lawyers to be polite in court and to the people.

Speaking at the same function, acting Deputy Director of Zambia Institute of Advanced Legal Education (ZIALE), Valentine Kabonga said his management is concerned about falling standards in terms of discipline and dignity in the legal profession.

"Lawyers have a duty to protect the independence of the judiciary, to the client, the court, duty to defend the most vulnerable and duty to revise and reform the law. If newly admitted advocates are to succeed in their duties, they should conduct themselves in a manner suitable for their legal professional," he said.

He appealed to the senior members at the bar to lead by example so that new legal practitioners are not misled in protecting and defending the rule of law.

One of the lawyers admitted to the bar, Richard Sakala, said life at ZIALE was not easy. He said the course was very expensive and he would not have finished without the help of Yangalilo and Company, the law firm where he is working.

It Is Difficult To Prosecute Child Abusers- police officer

By Monica Kunda

A POLICE woman last month said people who abuse children could not be prosecuted because it was difficult to get evidence especially where the case has occurred in the family.

Nancy Chugai from the forensic and ballistics unit presented a paper at a Women and Law in Southern Africa workshop aimed at solving the problems of police officers failing to prosecute child abusers.

Chugai said the police service don’t have a forensic psychologist who can examine people who abuse children.

She advised non-governmental organisations (NGOs) who deal with child abuse to work with the police.

The workshop was held on June 6 at Pamodzi Hotel and it was attended by police officers and the Social welfare.

A Mrs Zyambo from the Social Service department of the Ministry of Community Development and Social Welfare also presented a paper which talked about the department having a shortage of staff and lack of transport making their work difficult.

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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