A Mtendere woman was arrested by two police officers in Kamanga compound because she had a rash on her face that a suspect they were looking for allegedly had.

The two Irish Police Post officers, Francis Banda and a Mr Phiri arrested Elizabeth Malambo on August 30, 2000 when she was coming from collecting a debt in Kamanga Compound.

The duo told Malambo they had been looking for a woman with a rash on her face whom they suspected of having a gun believed to have been stolen from Chelston Police Station. They accused her of hiring out the gun to criminals.

Malambo was taken to the Criminal Investigations Department (CID) office where she was handcuffed and put on the famous Kampelwa (police swing). She was beaten up by the two officers who assured her she would start her periods just like other women who had been put on the swing.

Another suspect in detention, Richard Ngoma, was brought from the police cells to identify Malambo. Ngoma said he met her when she was trying to lend him a gun.

She was told to return it because it is a police gun stolen from Chelston Police Station. Malambo gave the police officers her home keys so they could go and search for it but. They never went to search.

Malambo said she was then taken to a police cell where she stayed until September 1, 2000 when they asked her whether she wanted to go home to which she agreed. The police officers released her unconditionally and told her to report to the police post the following Friday with a list of criminals that she knew. She approached Mtendere Legal Resource Foundation (LRF) Legal Advice Centre for help. The paralegals manning the centre told her to get the full names of the police officers that tortured her. Malambo asked a woman who is married to a police officer to get the full names for her but instead the woman told her husband that Malambo wanted to have the officers killed.

The following Wednesday, James Lumbwe, a paralegal at the Mtendere centre accompanied her to Irish Police Post. On arrival, the woman was rearrested and charged with threatening violence. She was detained at Chelston Police Station and released five days later on police bond and told to appear in court.

Malambo told LRF News when she went to court her name was not called out.

When LRF staff asked about Malambo’s case, Chelston Police Station officer-in-charge, Inspector Kasonde, denied Malambo was tortured because she is a Tuberculosis (TB) patient. She said if Malambo had been tortured, she would not have survived. She alleged the wounds on Malambo’s body were TB wounds.

However, Malambo has a medical report stating the wounds are ‘brutality’ wounds.

Irish Police Post officer-in-charge, Inspector Mbewe, said Malambo was only arrested once on the charge of aggravated robbery.

Both officers denied police officers beat suspects. They said the police only discipline suspects and not beat them.

LRF lawyer Anderson Ngulube said; "it is amazing any sane police officer can arrest a person on account of having a rash on her face as the only thing to look out for. How many people have rashes on their faces? We have been instructed to sue the two police officers for false imprisonment and battery and additionally we shall ask for punitive or exemplary damages".

Tear gas canister thrown in cell

A Livingstone police officer has been charged with two counts of murder.

Constable Alvin Mbumba, now in Monze at Charles Lwanga Teachers Training College (CLTTC) Police Post, allegedly threw a tear gas canister in the police cells where he detained two people.

On this fateful day, Mbumba picked Kelvin Mushabati, 25, of Munyumbwe village on an allegation of rape and took him to Monze Police Post.

At first, Mushabati disputed the detention but he pushed into cells by the police officer.

He joined another detainee Geoffrey Michelo, 36. Michelo was detained on a charge of assault against Selina Mwiinga.

In the cells, Mushabati started behaving in a disorderly manner prompting Mbumba to throw a tear gas canister in there. The constable then left the police post.

After an hour, he went back and found the suspects unconscious. He took them to Monze General Hospital were the two complained of throat and chest pains. Mushabati later died in the hospital while Michelo was released but died at his village.

A postmortem was conducted and results showed suffocation from tear gas smoke caused their death.

Livingstone Legal Advice Centre staff was approached to handle the matter and when Legal Resources Foundation (LRF) lawyer Geoffrey Mulenga went there on his fortnightly visits, he was given the matter.

He said he was awaiting further instructions from the family of the deceased.

"Murder is a non-bailable offence,and if the officer was charged, I suppose he is in custody," he said.

Livingstone Central Poilce Officer in charge confirmed the death of the two but denied they died at this police station. He said the two died at some police cells and admitted that Mbumba caused their death.

LRF Accused of Protecting Criminals

SOME police officers have threatened Legal Resource Foundation (LRF) staff with arrest for protecting victims of police brutality and speaking out on human rights abuses.

Officers from the Immigrations Department, Lusaka City Council and the police have complained that LRF staff are interfering with their work.

The security officers have been in confrontation with LRF for brutality, unlawful arrest and long detentions without trial, illegal searches of homes and illegal seizure of property. LRF has made habeas corpus applications, which have caused many unlawfully detained persons to be released. LRF has also sued police officers for police brutality. The officers feel what LRF is doing is wrong.

In Livingstone, LRF paralegals were almost charged with contempt of court for challenging a local court over the distribution of an estate. The local court did not distribute the estate in accordance with the Intestate Succession Act. The paralegals also argued the local court had no jurisdiction over the estate which exceeded K50, 000 .00.

In August, when Livingstone LRF legal assistant, Charles Mwila, went to serve a Writ of Summons on two police officers from Libuyu Police Station who tortured a suspect, he was rebuffed.

The Officer- in-Charge, a Mr. Mwamba, complained the foundation had taken away their powers. He refused to acknowledge receipt of the Writ of Summons and sent the officer away.

Some Police officers at the station complained the foundation is assisting criminals and lawbreakers thereby making their work very difficult. They claim they cannot operate the way they used because of the presence of the LRF in Livingstone.

Another senior officer at the same station told Mwila he would command officers from Lusaka to arrest LRF chairperson Robert Simeza and all LRF staff in Livingstone for interfering with police work.

But the Officer in Charge for Chowa Police Station in Kabwe, Alita Mbahwe, told LRF News police officers that are accusing LRF of protecting criminals do not understand the work of the LRF. She said although police officers are allowed to use reasonable force, some police officers use excessive force.

"The LRF News concentrates on the negatives that the police are doing. Despite the wrongs that the police have done, there are good things that they do. The LRF News should also reflect on the positive side of the police,"she said.

LRF lawyer Anderson Ngulube said contrary to what the various people have said LRF does not protect or defend criminals. LRF stands for justice.

"Those who commit crimes must be punished in accordance with the law. Those accused of committing crimes and end up being arrested, but the correct legal procedure is not followed will be set free. Every person is presumed innocent until proven guilty by a court of competent jurisdiction," he said.

Ngulube said it was unfortunate some people thought LRF protects criminals.

"The truth of the matter is the police and other law enforcement officers do not execute their duties in accordance with the law. Once that happens, LRF steps in to ensure those who suffer as a result of abuse of power by the police are assisted to get a legal remedy," he said.

Ngulube said LRF has even assisted police officers who before being victims of abuse of power by the police thought LRF was protecting criminals and now they have a better insight of what LRF stands for.

Three Remandees finally tried

The case involving three people who had been detained at Livingstone State Prison for three years finally took off in September.

The remandees Paul Hamwami, Kennedy and Peter Hamabwe said they were arrested on May 18, 1997 for murder by constable Limbambala and detained at Munyumbwa police post in Gwembe District for three days.

According to the facts of the case, the three were taken to Gwembe Police Station on May 21 and detained for 10 days. The three were then taken to Monze Police Station on May 31, 1997 and appeared before Monze Subordinate Court for mention.

The Magistrate remanded them in custody at Mazabuka State Prison. Six days later, the three were committed to Livingstone High Court for trial and on August 4, the same year they were taken to Livingstone State Prison where they stayed up to September this year without being tried.

Livingstone Prison officers apprised Legal Resource Foundation (LRF) lawyer Clement Tafeni of the issue when he went to conduct his prison visits.

Tafeni said the three informed him they had not appeared before the High Court to be tried for the offence of murder with which they were charged.

LRF lawyer Ngulube Anderson made a habeas corpus application in the Livingstone High Court asking the court to release the three since the state had failed to prosecute them.

The application was not heard, instead it was agreed the three would be tried in August session, failing which the habeas corpus application would proceed.

"In essence, an application for habeas corpus aims at challenging the legality of a person’s detention or continued detention in custody. Once it is determined that the detention is illegal, the court makes an order for the release of the detained person.

Failure by the state to prosecute a person who is charged with non-bailable offence, renders the continued detention of such a person illegal. Every person is entitled to a speedy trial.

It cannot be said three years is a reasonable time for anyone to wait before being tried. In a criminal cause, an application for habeas corpus does not automatically result in the release of the accused person, but may result in the trial of that person. It may also lead to the granting of bail then if the offence is non-bailable, Ngulube said.

Siavonga police intimidate complainant

SIAVONGA police have warned a 20 year old boy his complaint against police brutality would go nowhere.

Zondani Simalongwe was brutally beaten by Constable Zulu of Siavonga Police Station after his employer a Mr Mpungula accused him of having stolen K750, 000. Simalongwe was Mpungula’s houseboy.

On September 2, 2000, Simalongwe asked for permission from Mrs Mpungula to leave work earlier than usual because he had a swollen palm.

Around 21:00 hours, Mpungula sent his six children to bring Simalongwe to the main house. Mpungula questioned Simalongwe about the missing money.

One of the Mpungula’s children, Stanley started beating Simalongwe until Mpungula

suggested they shoot and throw him in Lake Kariba.

The family later decided to take Simalongwe to the police station since he was not telling them any thing about the money.

The houseboy was arrested by Constable Zulu who started whipping him. On September 5, Simalongwe was released from police cells because it was discovered Mpungula’s nephew, Enock Mpungula, had stolen the money.

Simalongwe opened dockets against Stanley and constable Zulu with the help of a police administrator. The police station master a Mr Saimba told Simalongwe that Stanley should compensate him and they would deal with constable Zulu administratively. Stanley was made to pay Simalongwe K60,000.

According to Simalongwe, the police officers told him he had no case with constable Zulu because he has already been compensated. The police officers also confiscated his medical report and castigated the female constable who gave him the medical report.

With the help of his brother, Leadwell Simalongwe, he tried to take his complaint to many organisations to no avail. The police officers at the station told the duo they were wasting their time because the case would not go far. They also pressured Simalongwe to withdraw his charges against constable Zulu.

When contacted for a comment Siavonga Police Station Officer-in-Charge Mr Mazwopa told the LRF News that Simalongwe has been to so many organisations including the magistrates court.

He told LRF to ask Simalongwe questions and not him because he (Simalongwe) withdrew the matter. Mazwopa said he did not know anything about the matter but he saw the withdraw form.

He told LRF to do whatever they wanted with the matter because he did not care. When he was informed his comments would be quoted in the LRF News, Mazwopa pleaded with the LRF staff not to quote him but that they should inform Simalongwe to reopen his case.

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