NUMBER 28                                     JUNE, 2001

By Perpetual Sichikwenkwe

The Zambia Independent Monitoring Team [ZIMT] has called for the amendment of the Constitution to enable Zambians start voting at the age of 16 when they obtain National Registration Cards [NRC].

ZIMT president Alfred Zulu told LRF News there was need to amend the Constitution in order to harmonise the voting age with the age when one obtains an NRC.

Zulu cited the case of Iran, where the Presidential and General elections were just held and the turn out was overwhelming because most people who participated in voting were those between the age of 16 and 21.

"About 28 million people voted in Iran and most of them were those between 16 and 21. The young voters out numbered those above 18," Zulu said.

He said the Zambian population shows that the majority people are between the age of 16 and 42 therefore the need to allow anyone who reaches 16 to start voting.

But Electrol Commission chairperson judge Bobby Bwalya said a person who is below 18 in Zambia could not be allowed to vote because such a one is not yet mature and responsible.

"With the current vote buying going on in Zambia, an under age person can not vote out of choice but out of bribery. Once given money or sweets by any political party, she/he will definitely vote for that party without considering the leadership qualities of that person," he said

The judge explained that when a person reached 18 years, all he/she can do in Zambia is vote and not become a Member of Parliament because there is no maturity in that person of leading the country.

However, Zulu said it was a colonial legend not to allow a person who is not yet 18 to vote.

He said most Zambians are responsible and mature before they reach the age of 21 when one qualifies to be a Member of Parliament.

And commenting on the proposal by the Federation for the blind that special ballot papers be introduced to enable them vote, Judge Bwalya said the commission could not introduce that because it was costly and government had no money to cater for it.

Judge Bwalya said preparing special balloting papers for the blind was as expensive as allowing Zambians who are abroad to take part in voting while they are outside the country.

He said, if the visually disabled [blind people] are to vote, relatives and friends should help them to go to and from the polling stations.

Bribe Earns Ghanian National Deportation

By Perpetual Sichikwenkwe

A Ghanaian National who paid K1.9 million [US$600] as a bribe to an Immigration Officer to have his visa renewed, is to be deported back to Ghana.

The Immigration Department wants to deport Joseph Fasu Tonnar who came to Zambia in 1998 after it discovered his renewed visa was fake.

Tonnar told Legal Resources Foundation [LRF] intern, Mabvuto Sakala that in September 1999 he went to the Immigration Regional office to renew his temporary visa but before reaching there, he met an immigration officer, a Mr Chikwekwe.

Chikwekwe told him that since he was remaining with only four days to renew his visa he would be arrested if he reached the immigration office.

He told Tonnar to give him US$600 so he could help him process the document secretly and safely.

Tonnar gave the money to Chikwekwe who advised him to leave his documents and get his renewed visa at his house later in the evening.

A Few days later, another immigration officer arrested and detained Tonnar after discovering his visa was a forged. The officer investigated the matter and later reported it to the Anti- Corruption Commission [ACC] who took up the case.

The ACC started prosecuting Chikwekwe with Tonnar being the state witness.

Last year in June LRF issued a Habeas Corpus application requesting the release of Tonnar as he was just a witness.

But the Judge who was handling the case held that since Tonnar was a foreigner with a forged visa he could not be released to stay in Zambia but be deported when government finds the money.

LRF was not happy about the ruling and appealed to the Supreme Court saying it was unlawful to detain someone for a long time because government did not have money.

A friend to Tonnar approached Sakala and told him that he would buy his friend an air ticket so he could go back to his country.

Tonnar who has since contracted Tuberculosis [TB] can not travel back to his country because the ACC has held onto his passport.

Sakala approached the ACC Senior Prosecuting Officer, Juma Banda to have the passport released but he refused saying the passport with forged visa was necessary evidence.

The prosecuting officer who was prosecuting Chikwekwe has since resigned which means the case starting all over again.

LRF To Represent Rioting Pupils

By Monica Kunda

The Legal Resources Foundation (LRF) is representing 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.

LRF Kasama Lawyer Clement Tafeni said the Foundation has decided to represent the pupils in the interest of justice.

On June 7, 2001 police officers arrested 25 pupils from Kenneth Kaunda (KK) high school charged them with rioting and arson and detained them at Chinsali prison.

At the prison the officers accused the pupils of destroying the house of the District Administrator (DA), burning his grass fence, causing some damage to the council property, the Magistrate chambers, the DA’s Offices, the post office, Zamtel premises and a motor vehicle.

On June 11, the pupils appeared before Chinsali Magistrate Katongo.

The Magistrate refused to grant these children bail until when Chinsali based parents threatened to riot.

On June15, a parent to one pupil decided to lodge the complaint to LRF Kasama Centre who took up the case.

On June 18, the matter took place in the chambers in Chinsali and 49 pupils who had their parents present were released but 13 pupils remained in custody because their parents were not present.

Tafeni told the magistrate that the School head of the two Schools were ready to sign bail for the remaining 13 pupils. In response, Katongo said the problem with human right groups is that they only consider the rights of the accused forgetting the Victims.

Later all the pupils were released and they requested the LRF to represent them, which they accepted.

Relatives Demand Body Exhumed

By Delphine Hampande

Relatives of a man who was killed by Kanyama police and later buried by the council for being found with a friend who was implicated in the murder of Wezi Kaunda are demanding for his body to be exhumed.

They have complained that it was very unfair for police to kill Neter Mwendabai on January 19, 2001 for being in the company of his friend Happy Kabongo Chanda who they also killed.

According to Neter ’s brother-in-law Emmanuel Mwamba, Neter went missing from home on January 17 and they reported the matter to almost all police stations in Lusaka.

After two months elapsed they decided to check at the mortuary and did not find the body.

Three months later, one of Neter’s friends went to his place in Villa-Wanga and told them that he last saw Neter in Kanyama early this year with his friend Kabongo, a well known person because of his criminal activities and advised them to check at that station.

Mwamba said on April 19, the relatives went to Kanyama police where they were told Neter was killed on January 19, this year, by unknown people together with his friend (Kabongo) as they were trying to stage a robbery.

But other police sources from the same station told Neter’s relatives that the innocent man was killed by Kanyama police officers after he was apprehended .

Two days later police took them to a certain place within Kanyama claiming they wanted them to show where their other accomplices from Burundi stay so they could also be arrested.

But to their surprise the police officers came back alone claiming that Kabongo wanted to run away and ended up being shot and Neter was shot because they thought he would run away as well.

UTH Chief Mortuary Superendant Mathius Moyo confirmed having received the body from Kanyama police officers as an unknown one with bullet wounds. He was buried on February 16.

He, however, placed the blame on the council as it was their responsibility to advertise.

Lusaka City Council spokesman Daniel Mulenga defended the council saying the organisation had no money now to advertise at the same time dispose unclaimed bodies.

Mwamba denied Neter was a dangerous criminal saying he had never been involved in any criminal activities since childhood.

Legal Resources Foundation Lawyer Clement Tafeni said it was wrong for police to dump the bodies of the two suspects as an unclaimed when they were in their custody, meaning they knew their names but they were trying to hide something.

According to the law, police were supposed to give notice of death of such a person for relatives to claim it or call for a Coroner’s Inquest for magistrates to determine the cause of death before burial.

Another Woman Gives Birth Outside A Clinic

By Delphine Hampande

A Mtendere Woman last month gave birth outside the Mtendere clinic because the sister-in–charge ordered the security guards not to allow anyone in saying they were resting.

The women, who took Gladys Phiri’s niece, said they pleaded with the guards to tell the nurses that the patient locked outside was in labour and needed the nurses’ attention, but the sister thought they were pretending and told the guard not to let anyone inside.

This incident happened on May 27, 2001 when Phiri’s pregnant niece went into labour and was around 23:00 hours rushed to the clinic where they were denied entrance.

Phiri said they stayed for two hours outside as they could not move due to the patients’ condition and around 01:00 hours the girl gave birth whilst outside in the cold.

She explained that when the guard heard the baby’s cry, he rushed to inform the nurses who came out running and assisted them to carry the baby and her mother inside in order to assist then cut the umbilical cord.

In the afternoon, when Phiri went to check on her niece, she found another nurse who told her she first had to pay K10,000 because she made them work while others were on strike.

At this point, Phiri decided to seek legal advice from Mtendere Legal Advice Centre paralegal Johnstone Kalebaila.

The following morning, Phiri paid the money in the company of Kalebaila after the nurse on duty explained to them that the money was for the services while at the clinic. Her niece was later discharged.

Kalebaila has since advised the sisters on duty to work professionally because it was their duty to save people’s lives.

The same incident happened late last year when nurses from Chilenje clinic refused to attend to a pregnant woman who give birth outside.

I Want My Children Back-mother

By Monica Kunda

A widow of Zambia Railways compound in Zimba, Southern province, was last year denied custody of her children by her in-laws and a local court.

Melody Similitani told the Livingstone Paralegal Officer Joe Mulafulafu that she was denied the right to keep her children after the death of her husband.

She said on July 28, 2000 her husband Kabwe, who was working for Zambia Railways as a police officer for 15 years, based at Zimba died living her with two children. The first born is 13 years old and second nine.

After burial, Melody was told by her mother in law to accompany her to her home in Kabwe so they could finish traditional funeral rituals.

Whilst in Kabwe, Jancita Kabwe, her sister in law was appointed administrator. Some days later, Similitani decided to return to Zimba with her children but her parents in law refused to give her the children.

After sometime, she decided to go to her late husband’s employers to collect money. She was given a cheque issued in her name, carrying her share and that of the children.

When the administrator discovered that she got the cheque, she took her to Zimba police station.

At the police station, Constable Bota grabbed the cheque and took her to the Local court in the company of her sister and mother in law.

The Local Court Justice advised them not to give the widow the children because she was financially handicapped. She was also ordered to have her share separated from that of the children.

At a meeting held outside court, the administrator refused to be given custody of the children. Therefore, Similitani’s mother in law took one child and her uncle in law took another one.

The widow wants her children back.

Mulafulafu advised her to apply for the custody of the children in the court of law. He said being the mother of the children, Similitani is legally entitled to their custody.

He said the employers of Similitani’s husband were in order to issue the cheque in her name because she was the only legal guardian of the children.

"If the mother in law and others are willing to keep the children, they should apply for their adoption in the court of law," said Mulafulafu.

Man Threatens To Evict Stepmother

By Justin Hakasenke

A WOMAN from Lusaka’s Jack Compound says her life is in danger because her stepson threatens to kill her using a machete if she does not vacate her house.

Simbuwa Mutumwa said Likwenga Lisimba was claiming the house belonged to him because it was built on his late father’s land.

"When his father died, he left the land and I built the house on it using my money. Now he threatens to chop my head off with a machete since I’m not moving from it. I’m keeping him but he has no respect for me," said Mutumwa.

She said her husband died on January 18, 1999 and after his death the son started drinking beer so much that he at times insulted her.

"I have been reporting him at Kamulanga police post just there in Jack compound but they have not taken any action because he drinks with them and they are his friends and this is why I have come here," she said

Upon hearing this, Legal Resources Foundation (LRF) Chawama centre paralegal Ernest Mukelabai summoned Lisimba to his office.

Lisimba reported to the centre and admitted that he had been threatening his stepmother with violence adding that it was due to the beer that he was fond of taking.

When asked whether he knew that what he was doing was unlawful, Lisimba said he did not know the law.

Upon being told by Mukelabai that he was to be taken to the police, Lisimba said while crying that he was sorry and that he would reduce his beer intake.

Mukelabai warned Lisimbsa that the next time he would receive another complaint about him, he (Mukelabai) would not hesitate to hand him over to the police.

LRF Opens Chipata Centre

Left to right: mayor Charles Nyirenda and LRF Chairman Simeza at the launch

By Perpetual Sichikwwenkwe

Government has commended the Legal Resources Foundation [LRF] for opening an advice centre in Chipata aimed at assisting people seeking legal aid at no fee.

Speaking when she opened the Chipata Advice Centre in Eastern Province on June 16, 2001, Eastern Province Deputy Minister Regina Phiri said government was committed to good governance and creating an enabling environment through the promotion of human rights.

In a speech read on her behalf by Eastern Province Deputy Permanent Secretary, Msindo Masiye, Phiri said the MMD government’s commitment to rule of law can not be over emphasised but can be seen through its co-operation with organisations involved in promoting and protecting human rights.

Phiri said the protection of human rights is the basis of any democratic nation adding the opening of the centre marked a turning point in dealing with matters of human rights abuse in the province.

"I call upon you LRF to quickly establish centres in remote areas like Chama where several cases of abuse await your services," she said.

Speaking at the same function, LRF Chairman Robert Simeza said the Foundation would not relent in providing free legal aid to the vulnerable people.

"With the biting economy in the country people are already over burdened with soliciting money for food and shelter. They can therefore not afford to pay lawyers to protect them other than those who offer free legal aid," he said.

He said there was need for people to know their rights and the law that guides them if they were not to be violated.

And Chipata mayor, Charles Nyirenda said the people of Chipata would utilise the Foundation to the maximum.

Nyirenda said there are many cases of abuse, which await the foundation, as there was no other organisation in Chipata, which was assisting people with free legal aid.He said the foundation should go rural because 84 percent of the people there are victims of abuse and they have nowhere to seek advice and protection.

Girl, 14 Impregnated By Man, 43

By Justin Hakasenke

A FOURTEEN year old girl who was impregnated by a 43-year-old married man is critically ill following a miscarriage.

Benny Silwizya defiled and impregnated the girl sometime in November last year. The mother of the girl only discovered in February this year that her child had been defiled.

The girl, who is anaemic and had a miscarriage in May 2001, became very sick after the miscarriage and her condition has continued to worsen. Silwizya has since stopped supporting the girl though he admitted responsibility for the pregnance.

The girl’s uncle, who is a Police Officer, took the mother to Legal Resources Foundation (LRF) Chawama Centre where they reported the matter.

Chawama Centre paralegal Ernest Mukelabai said the girl was taken to the University Teaching Hospital (UTH) where she had a miscarriage.

"After telling me all this I took into consideration the age and I had to apply the law which says that any one who sleeps with a girl bellow the age of 16 years is liable of an offence called defilement and as such I told the girl’s family to report the matter to the police," said Mukelabai.

Mukelabai said when the family reported the matter to Chawama Police, the Chief Investigations Officer (CIO) a Mr Chileshe advised them to instead sue Silwizya because time had elapsed since the incident and there was now insufficient evidence.

However, Mukelabai turned down Chileshe’s advice maintaining that a crime was crime no matter the time lapse.

"Much as I appreciate his concern, a criminal offence is still a criminal offence, there is no time limit. You can kill someone today, run away, come back after 20 years and you will still be arrested for murder. I have therefore advised them (girl’s family) to report the matter to another Police Post," he noted.

He added that evidence was there as the girl was admitted to UTH and her age could still be determined by a doctor. He said he advised the girl’s family to also sue Silwizya for pregnancy damage and breaking the girl’s virginity.

"What is worse is that the girl has undergone both mental and physical torture and chances of her getting HIV are very high. These are the cases that Police Officers are supposed to pursue instead of brutalising people on the street," said Mukelabai.

Businessman To Sue State

By Perpetual Sichikwenkwe.

A 40-year-old Lusaka’s Garden compound businessman wants to sue a Mumbwa police officer and the state for unlawful detention.

Kennedy Kangwa told Legal Resources Foundation [LRF] Chilenje advice centre paralegal Sianga Mulunga he wanted the foundation to help him sue.

Kangwa alleged that on March 17, this year, he received a police call out from Mumbwa police station, which he heeded.

He said when he arrived, without even being given a warn and caution statement he was put in police cells and later told that he was charged with threatening violence.

Kangwa tried to seek an audience with the officer who detained him to explain who he was alleged to have threatened but to no avail.

He was detained for almost two months and only released unconditionally because there was no evidence to support the charge.

"Since my detention, there was no warn and caution statement or any explanation given to me about my arrest neither did I appear in court, " he said.

Kangwa felt the arresting officer detective constable Felix Mukamba detained him unlawfully.

LRF intern Mabvuto Sakala said Kangwa has the right to sue the state and the individual police officer that arrested him without giving him any reason for his arrest.

Sakala said the law states that no person should be deprived of his/her liberty unless as provided by the law.

He ad vised Kangwa to sue both the state and the police officer for unlawful detention.

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