A Livingstone resident has complained to the Legal Resource Foundation (LRF) centre there that Zimba Police Station Inspector Chola and Sub Inspector Detective Siamolonga unlawfully detained him on allegations he stole six herds of cattle.

Mulapani Simango, a resident of Zimba town in Southern province, narrated the incident occurred when his sick daughter died. He decided to approach a witchfinder who told him that Samuel Simuulu from Kazungula district was responsible for the death of his daughter.

With the help of the witchfinder, Simango and his family approached Simuulu who confessed. His confession was obtained in writing. Simango then demanded six herds of cattle as compensation and he was given the cattle.

A few days later, Simuulu’s children lodged a complaint against Simango. They alleged he had stolen six herds of cattle from their place. Inspector Chola went to Simango‘s house, pointed a gun at him and hit him on the chest until he fell down.

Simango accepted he had taken the cattle and agreed to compensate the family by giving them back their cattle. But Simango was detained at the police station for ten days to facilitate police investigations. He was later charged with aggravated robbery and assault.

Simango was thereafter taken to Kalomo Police Station and then to Kalomo Prison. He then appeared before a subordinate court for mention. The charge was dropped because the Director of Public Prosecutions did not issue instructions for his trial for lack of evidence.

When the charge was dropped, Prosecutor Chintu directed the Sub Inspector Fiamulongo to arrest Simango for demanding property with an intention to steal. He was again detained and later appeared for trial on a new charge but he was granted bail.

A Livingstone centre paralegal, Joe Mulafulafu, said Section 3(a)(b) of the Witchcraft Act declares the activities of the witchfinder illegal. Having seen that the activities of both the witchfinder and Simango were illegal, the agreement, which Simango, the witchfinder and Simuulu made, was invalid.

"It is unlawful for Simango to have demanded six animals which were charged under an illegal activity. According to section 265(2a) of the penal code Simango was liable for the offence of theft because his action was meant to deprive his friend," He said.

He said the police were correct to have apprehended Simango on a charge of being found in possession of stolen property but they were not supposed to use force since Simango did not resist arrest or attempt to run away.