Parent Worried About Son’s Recovery

LRF Helps 15 Farm Workers Get K2.5 Million

NUMBER 33                                     NOVEMBER, 2001

By Perpetual Sichikwenkwe

A 33-year-old businessman of Lusaka’s Mandevu Compound expressed shock and surprise at how police officers brutally murdered his young brother in cold blood last month.

Jairos Lungu told The LRF News that on October 6, 2001 two police officers only known as Daka and Joe went to his late brother’s house in Roma Township where he had also gone to visit and tied their hands together while debating on which of the two brothers they would shoot.

They decided to shoot dead his younger brother Japhet while he was still tied to him forcing Jairos to fall with him in a pool of blood.

The police officers then untied them and ordered him with his nephew Bbuku to lift the body of Japhet and put it in the police vehicle.

Before being taken to the police station, Bbuku was told to go in the house and collect Japhet’s clothes and shoes in a big plastic bag and put them in the boot.

Jairos, his nephew Bbuku and his wife Candy and Japhet’s friend Mohamed Zimba were told to jump in the vehicle and everybody was taken to Central police station where they were beaten and detained.

It was after they were taken to the police station they were told that they were arrested in connection with the killing of a police officer at the University of Zambia Great East Road Campus’s Finance Bank.

Jairos said that after one week of being in cells they were taken to court where it was discovered that Jairos’s name was not appearing on the cause list. The case was adjourned and they were taken back to central police were they stayed for another 14 days.

After that Jairos was released on condition that he pays K100, 000 to some police officers.

The two, Bbuku and the late brother’s friend Zimba who denied the charge have since been taken to Chimbokaila prison where they are detained.

Jairos is appealing to Legal Resources Foundation to investigate the brutal killing of his brother and help the two be released from the prison.

LRF intern Nyuma Nga’mbi has pleaded with the police officers to desist from killing suspects who are already in their custody.

"Police should stop this habit of killing suspects who offer no resistance to their arrest whether they are guilty or not," Nga’mbi said.

He said given the respect and importance of police work in society, especially on issues of maintaining law and order it is unfortunate that police officers were behaving in such manner.

Nga’mbi said it was inhuman for them to shoot a human being in a situation were one is willing to do what they want and appealed to other police officers to stick to the law in the execution of their duties.

The matter is under investigation.

Kasama P/Officer Locks Up Teenager For Sexual Pleasure

By Delphine Hampande.

A Kasama police officer recently detained a grade 12 female pupil at his house for three months and started sexually abusing her.

The girl said constable Christopher Chibuye told her she was guilty of loitering and proceeded to detain her at his house for his own pleasure.

She told Legal Resources Foundation (LRF) that she was never taken to the police station and she is now pregnant.

Consequently she could not write her final exams because the pregnancy was making her sick most of the time.

The girl is now looking for justice.

Kasama Victim Support Unit officers talked to confirmed having received the report saying they were still carrying out investigations before arresting him.

But LRF has since taken up the matter arguing there was already enough evidence from the girl’s present condition to effect the arrest.

This incident happened in August this year when Sinclour Daka, 20, was coming from school on her way home. She was stopped by constable Chibuye who told her that she was loitering and was under arrest.

Daka said she did not hesitate to follow the policeman as it was a bit late but when she tried to question him on why he was not taking her to the police station, Chibuye threatened to beat her and ordered her to follow him.

She said Chibuye started demanding for sex from her and each time she tried to refuse, he used to beat her.

Daka said Chibuye used to lock her in the house whenever he went for work or out with friends and instructed her not to do any work outside the yard, even when there were visitors in the house, Daka was told not to greet them.

After she realised that she had conceived, she decided to call out for help when Chibuye had gone for work. When the neighbours heard the shout, they rushed there and found Daka almost collapsing. They took her to Kasama General Hospital where Dr. Sichone confirmed her pregnancy and battery. He also said she had sustained internal injuries underneath her right breast.

She complained that it took time for Dr. Sichone to put her on treatment as he requested that she obtains a medical report from the police, but each time she went to ask for it, Chibuye blocked it because he was scared that the whole scandal would be revealed.

LRF Kasama Legal advisor Gilbert Yumba said it was wrong, first of all, for a police officer to detain anyone at his house regardless of where the police station was. He said this amounted to false imprisonment.

The LRF officers are still investigating the matter.

Kajoba Warns P/Officers

By Delphine Hampande

Police Service spokesperson Lemmy Kajoba has warned all police officers who do not operate within the Law that they risk losing their jobs because they were not trained to break the Law but to uphold it.

Kajoba has also advised all members of the public not to report cases to police stations where they felt their cases would not be dealt with. He said such cases should be reported to higher authorities so that the complainant appreciates the work of the police as public workers.

He made the warning last month in reaction to a case in which a police officer from Sikanze Camp, Constable Bosco Njekwa, was reported to have been assaulting his wife using short batons, handcuffs and sometimes burning her using a hot knife each time they quarrelled.

Emeldah Mulenga complained that Constable Njekwa started assaulting her in the second year of their marriage. They have been married for seven years.

Mulenga said she reported the matter to his immediate supervisors who told her the case was a domestic one, which needed to be resolved by the two of them.

She later took the case to Young Women Christian Association (YWCA) who referred her to Legal Resources Foundation (LRF) for legal action.

LRF lawyer Clement Tafeni, who is handling the case, said no one was above the law regardless of their status.

He said everyone was entitled to protection of the law in order to enjoy their human rights and fundamental freedoms, but it was a pity that those who were supposed to protect them were the ones breaking the law.

Lusaka Central Police Victim Support Unit (VSU) Officer in charge Kasali said police had opened a docket for him and that he will be prosecuted soon.

Ng’ombe Police Officers Detain LRF Paralegal

By Perpetual Sichikwenkwe

Ng’ombe police officers in October, 2001 detained and threatened to beat up Legal Resources Foundation paralegal Justine Hakasenke for saving a life.

Hakasenke was detained at Ng’ombe police station when he took a 14-year-old boy he had rescued from a Ng’ombe instant justice mob. The boy was accused of being a thief.

When one of the police officers saw Hakasenke in a LRF T-shirt, he demanded to know what Hakasenke was doing at the police station.

Hakasenke explained that he was a paralegal from LRF but before he could proceed, another police officer threatened to beat and detain him saying LRF was a bad institution, which was protecting criminals and tarnishing the name of the police service.

The officer, who recognised Hakasenke’s by-line after checking through one of the LRF newsletters where Hakasenke contributed an article since he is also a journalist, said he was going to be detained and charged with impersonating an LRF employee so that he could obtain some information for an article.

A warn and caution statement was recorded from Hakasenke and he denied the allegation. The police officers demanded for his identity card but he did not have it at that time.

The police officers told him that they were going to charge him with impersonating a paralegal and wanting to steal information from a public office.

A police officer from the Criminal Investigation Office confiscated Hakasenke’s handbook and told him he would hand it over with his docket to the Inspector General of police Sailas Ngangula who had instructed police officers countrywide to bring to book LRF employees especially journalists saying they were tarnishing the image of the police service.

The officer claimed Ngangula was disturbed and worried about the articles appearing in The LRF News revealing the wrong doings of police officers.

Hakasenke was only released after the intervention of a prominent Lusaka lawyer.

LRF has received complaints through its outreach programme in Ng’ombe on how police officers there illegally detain people they found in Bars and charge them with loitering.

Hakasenke said he was disappointed with the police officers’ perceived enmity with LRF when the two institutions were supposed to be working hand in hand.

The paralegal was in Ng’ombe because he was on duty on one of the buses to Ng’ombe teaching people about their rights. This was part of LRF’s Legal Bus Project.

Police Officers Turn Schools Into Houses

By Delphine Hampande

POLICE officers in Lusaka have turned schools into houses because the police service lacks accommodation.

According to a survey carried out by The LRF News last month some police officers were found at Libala Secondary School preparing to report for work.

When talked to, some of the officers said they have been at the school for almost a year now.

The officers operate from Sikanze Camp, Kabwata and Central police.

The other school used as temporary shelter Lilanda Basic.

But police service spokesman Lemmy Kajoba said the police command was going to look into the matter as soon as possible. He admitted it was wrong to keep officers in places were they were not free as it would demoralise them when executing their work.

"Accommodation is a vital thing, if one was not settled, then it was likely that his performance was not proper, so in order to boost their moral, we shall have to re-locate them as soon as possible," Kajoba said.

Kajoba attributed the lack of accommodation in the service to the high demand of people being trained resulting in the shortage of accommodation because few camps had been built. He said the police service was building temporary structures which looked like permanent homes for policepersons to use.

In an interview with some of the police officers at Libala on whether they were aware of being allocated houses soon, the officers said they did not know.

The officers are currently occupying a classroom at the School complained that they were finding difficulties staying in one class, as there was no privacy and security.

LRF Gives Chase To Bus With Its Clients

By Staff Reporter

THERE was drama in Kafue last month when Legal Resources Foundation (LRF) staff in a microbus gave chase to a bus that had their clients because they did not know where it was going.

LRF lawyer Clement Tafeni, journalist Monica Kunda and driver Richard Mwiinga were on their way from the Kafue Central Police station Criminal Investigation Officer’s office in a microbus when they saw their clients being bundled onto a bus whose destination they had no idea.

The two tried to stop the bus to ask where the two police officers were going with the two suspects but the bus did not stop.

The LRF staff decided to chase the bus whilst signaling for the driver to stop. With a lot of persistence the driver stopped.

The two police officers that were on that bus came out and told the LRF staff that they were disturbing them.

Tafeni also stood his ground and eventually the convoy of two vehicles went back to the police station. At the police station the two officers told the CIO that LRF staff were disturbing them on their way to the station, which wasn’t true.

This whole incident happened on November 1 when three members of staff went to industrial Police Station in Kafue to secure the release of two clients who were arrested and detained at the station.

After seeing their clients, the three went to see the officer in charge of Chikoswe police post who refused to say anything and referred them to Kafue main station.

" I am not the right person to give you the details of this case. There are people above me who should give you. Go and see the Criminal Investigation Officer (CIO) at the main police station in Kafue," he said.

When they arrived at the police station the CIO told them he did not know anything and advised them to go back to the industrial police station.

This was the time they saw their clients being bundled onto a bus.

Tafeni went to secure their release and he managed to have them released on insufficient evidence, the two are currently on bond.

The guardian to one of the boys Collins Pelekelo Mwangala reported this matter to LRF head office. Mwangala reported that Japhat Mukanta and a friend Nelson Mushala were detained at industrial police station in Kafue for about a week and had been tortured.

On November 1 Tafeni went to the Industrial police Station to make inquiries based on the instructions given to him by his client.

He said that the findings at the police station was accurate with what his client told him and demanded the release of the detained.

Apparently on October 26, 2001 Oliva Masaku and Mashala were found at night walking on the road near the railway. When Masaku saw that the police officer wanted to apprehend them, he ran away.

Mukanta was apprehended by constable Sinkala of Chikoswe police post. Sinkala with his other police officers tied his hands with a rope started beating him and asked him to take them to Oliva’s place but did not find him. Therefore they apprehended Nelson Mushala, Oliva’s cousin whom they found at home. The two were taken to Chikoswe police post where they spent a night.

The following day the police took them to Industrial police station in Kafue Estates were they were detained for two days.

On October 29 they were taken to Kafue Central police where they were beaten by Constable Mushala using a whip, fists and feet.

They were finally detained at Industrial police station.

As a result of the beatings Mushala sustained a sore in the eye and became sick. He informed the Officer in charge of the police station who did not do anything.

Explaining what happened before they decided to jump into a public bus, Mushala and Mukanta told Tafeni that they passed in a bush to try and use the road behind the chemical industry but before they could cross the road they saw the LRF bus and decided to use the public bus. Tafeni advised Mwangala to obtain a medical report.

After four days, Mwangala reported to the LRF that the police officer refused to give them the medical report. He said they went to Kafue Estate Clinic where the doctor gave them a letter to take to the officer in- Charge.

Later on, second Commissioner of police Lukonde attended to him and a medical report was written but it was not signed because they did not have money.

P/Officers Advised To Defend Human Rights

By Monica Kunda

LAW enforcement officers should be the first in the line of defence in the struggle for human rights and not violators of human rights, Lusaka High Court Judge Peter Chitengi said at a Permanent Human Rights Commission workshop last month.

Presenting a paper at the workshop in Lusaka, the judge said the courts view the issue of human rights very seriously such that they are enforced not only against the State but also against an individual.

He said it was unfortunate that most law enforcement officers do not observe rights of people they deal with despite Article 13 of the Zambian Constitution and the Criminal Procedure Code giving them guidelines on how to deal with suspects.

He cited some of the rights which are frequently violated by enforcement officers as being the protection of the right to life, personal liberty, protection from inhuman treatment, protection for privacy of home and property and protection of freedom of movement.

"Instead of shooting the suspect in the leg to disable him, the suspect is either shot in the head or other fatal parts of the body," Judge Chitengi said.

He said above all this, law enforcement officers deprive people of their personal liberties on grounds not authorised by the law.

The Judge said suspects are detained without any charge being referred to in the law. He gave an example of a suspect arrested to help the police with investigations.

Defining what human rights are, the judge said human rights is the current term from what has been traditionally known as natural rights.

He said these rights couldn’t be transferred, forfeited or lost by one’s failure to exercise them.

"Given the fact that the majority of Zambians are illiterate and poor, many people in Zambia do not know that their rights are protected by the Constitution therefore they don’t know that they have the right to challenge their violation," he said

Judge Chitengi urged the law enforcement officers to always observe the rule of law as it is the basic framework in which human rights can flourish.

Parent Worried About Son’s Recovery

By Perpetual Sichikwenkwe

The father to the 17-year-old Anoya Boys High School pupil, who was in June this year battered to near death by police in Chipata, Eastern Province, has expressed worry and fear over the health of his son.

Robison Lungu told The LRF News that he was worried because his son, David Lungu, was just admitted to the University Teaching Hospital without receiving any medication.

Lungu said the doctors told him that David must be taken for a myelogram test to determine the extent of damage to his spinal cord in order to enable him prescribe the right medicine.

The doctors advised Lungu to take his son to the Italian hospital to do the test as the Myelogram machine at UTH was not working.

But Lungu said he could not afford the K700, 000 required for payments because he is unemployed.

He has since appealed to well wishers to help his son.

He said the longer the test remained undone, the more the disease was spreading putting the life of David at stake.

He complained that the officers who battered David had since been transferred to other districts making it difficult to trace them.

Lungu also appealed to Legal Resources Foundation to speed up David’s case so that the erring officers could be brought to book.

LRF lawyer Clement Tafeni said the Foundation has written to the UTH hospital asking for the medical report so as to determine the extent of the injury to enable them make a claim in the court action.

A statement, which was written and signed by Dr. J.C Munthali to enable David source for funds from well-wishers, stated that the plain radiographs of the spine have been normal but the paraparesis persists.

It recommended that David go for a myelogram test to determine what medication he could be put on.

David was on June 1, 2001 battered by Chipata police for being involved in a demonstration against the teacher’s strike

The grade eleven pupil was among several pupils from different schools protesting against the strike and demanding that teachers resume work.

Divorced Wife Gets Property After Ex-Husband’s Death

By Madube Pasi Siyauya

A Kabwe woman has won a court battle in which the widow of her ex-husband denied her the right to get property given to her by a court after the divorce.

Mary Banda divorced Chanda Chiti in July 1998 and magistrate Mufinda shared their matrimonial property.

Chiti died in March 1999 and widow Lizzy Njobesha Chiti refused to let Banda collect her property.

The matter, which was in the Kabwe High Court, was sent back to the Subordinate court were Magistrate F. B. Ngosa reaffirmed Mufinda’s decision.

Kabwe Legal Resources Foundation (LRF) lawyer Abraham Mwansa said it was a notorious fact that after every dissolution of marriage, there is property settlement.

He said the property as shared by the late magistrate Mufinda was property vested in Banda as a divorcee. "After the death of Chiti even though Banda had not collected the property, the same could not form part of Chiti’s estate," he said.

Magistrate Honorable F. B Ngosa when delivering judgement on August 8, 2001 agreed with Mwansa’s submissions and ordered Lizzy Njobeshi to surrender the property to Banda.

The property includes house number 12 Chinyunyu Street, Kalunga Kabwe, a deep freezer; four plate electric stove, video cassette recorder, and a minibus registration number AAR 862.

Lizzy Njobesha through her lawyers Mukuka and Company appealed to the High Court against the judgement. Magistrate Honorably F. B Ngosa refused to stay the execution of the judgement.

The Kabwe High court also threw out the application.

LRF Calls For Punishment Of Witch-Finders

By Delphine Hampande.

SOME practices employed by witch-finders in the process of executing their duties are wrong and Legal Resources Foundation (LRF) has asked government to provide a Law to regulate their activities and conduct.

These activities range from stripping the accused naked, demanding for irregular payments such as cattle, chitenge materials, goats, use of concoctions which make the accused either die or suffer from strange diseases and sometimes end up being beaten or hanged on trees until they die.

LRF Kabwe paralegal Richard Mwanza was reacting to a matter which happened in Kabwe recently where a witch -finder made a suspected thief drink concoctions and stripped him naked as a way of making him reveal where he had taken the stolen items.

The accusation was that on August 4 this year, Billy Katali’s friend Cassias Kaweme paid him a visit at his home, and later asked him to escort him to take his sick child for treatment.

Katali accepted but to his surprise Kaweme changed his mind and told him that they should first pass through Kaweme’s tavern were he was handed over to police officers alleging that he (Katali) had stolen Kaweme’s items.

He was interrogated and beaten by police and later released after they found out there was no sufficient evidence to keep him in cells.

Kaweme was not pleased with the police officer’s behaviour as he expected them to give Katali a stiff punishment. He told the police he was going to handle the matter alone.

It was at this point that Kaweme sent some people to tell Katali that there was a meeting at his place. But when Katali reached his place, Kaweme decided to lock him in a small room for 7 days before taking him to a witch-finder.

The first one after performing his magic concluded Katali was not responsible for stealing the items as alleged.

Kaweme then looked for another one who made him drink some herbs claiming that Katali was going to reveal where he had taken the items within 30 minutes.

At the expiry of 30 minutes, Kaweme did not reveal, the witch-finder then ordered that the man be stripped naked claiming that he was wearing charms on his sexual organs hence the reason why the herbs did not work.

Mwanza said it was wrong for witch-finders to subject innocent people to such punishments, as there was no law, which states so.

LRF upon receiving the report demanded that the witch finders be arrested and detained for subjecting people to inhuman treatment and embarrassment.

He said the witch finder will be sued for false imprisonment, accusations and inhuman treatment in respect of Katali.

LRF Helps 15 Farm Workers Get K2.5 Million

By Perpetual Sichikwenkwe

Former Lusaka Tamba Farms employees have thanked Legal Resources Foundation [LRF] for helping them get their money.

The 15 former workers, who were declared redundant without being paid anything but would now be paid K2, 406, 999 thanked the Foundation.

The workers had initially received 14 days pay as salary in lieu of notice, one-month pay per year instead of 2 months pay and they were not paid for the days they worked before they were declared redundant.

The Tamba farms accountant told Mtendere Advice centre paralegal Justin Hakasenke that the first instalment amounting to K802, 333.29 was paid on October 29, 2001 adding that the remaining amount would be cleared in three instalments of K802, 333.29 each to amount to K2, 406,999.

When asked to explain the workers’ condition of services, the farm manager and his accountant said the farm had no conditions of employment.

However, when Hakasenke wrote to them explaining about minimum wages and conditions under the Employment Act, the two forwarded a copy of the company’s conditions, which were in line with the Act.

The accountant who paid the workers said he was going to convince his boss to pay the remaining amount by November month end.

The 15 former workers said they appreciated the services rendered to them by LRF adding that their management had initially refused to pay the amount in full.

The workers said they came to know that they were under paid after the paralegal looked at their pay slips.

They initially went to get advice on their terminal benefits.

Police Officer Accused Of Being A Thief

By Madube Pasi Siyauya

Four men clad in police uniforms robbed Akim Banda of Chipata Compound of K2.7 million, a container of cooking oil and two containers of water.

Banda has asked the Chaisa Legal Resources Foundation (LRF) Legal Advice Centre to intervene in the matter. He said on September 14, 2001, around 04:00hours, four men dressed in police uniforms forced their way into his house. Two of the men were armed with AK 47 rifles while the other carried a torch, which he lit in their faces.

One of the men got the trousers on Banda’s bed headboard and got the K2.7 million from it. The men also carried with them three 20 liter containers one containing cooking oil, the other two containing water.

Banda said he watched one of the ‘police officers’ as they robbed him so that he could identify him during the day.

He said around 05:00 hours, he reported the matter to Chipata Police Post where he found the same police officers at the reception.

"Three days later, they called me to an identification parade for me to indentifie the man who got my money. The police officers that were paraded were from Chipata Police Post," he said.

He identified the officer and he was recalled on September 22, 2001 for another identification parade.

Banda complained that the police officers at Chipata Police Station have not arrested this officer claiming that they need instructions from their superiors to do so.

LRF paralegal at the centre Kasamba Muyaba advised him to go to the centre after two weeks to give the police officers time to do their work.

The police told him that they could not arrest the officer due to lack of evidence. The police officer that was identified denied having been involved in the robbery claiming he was on duty that day.

Sub Inspector G. Menda of Central police confirmed in a letter that Banda reported the robbery to Emmasdale Police Station and that police started investigations in the matter.

He said no arrests had been made in the matter.

Police Service spokesperson Lemmy Kajoba said the Officer In Charge at Emmasdale police knew about the matter. He said the information that Banda gave to the police officers did not tally with the findings at Chipata Police Post. He said there were reports about theives in police uniforms terrorising Chainda residents and Emmasdale police are investigating the matter.

Woman Compensated K100, 000 For Loss of Eye

By Delphine Hampande.

A 24 year-old woman who lost her right eye whilst on duty and compensated K100,000 has asked all legal practitioners to start sensitising farm wokers on their human rights as their employers were abusing them.

She said it was a pity that even at a time when a lot of human rights bodies were formed, a number of serious human rights abuses were still being recorded especially for those in the rural areas.

Mary Chabala of Lusaka’s Chawama township complained that a lot of farm owners were suffering because they had no idea about human rights abuse issues.

Chabala used to work as a gardener at Salim Farms in Makeni area and had her eye removed after an insect and some fruit liquids entered it while on duty as she was plucking some fruits from trees on July 9, 2001, permanently damaging it.

The same day she rushed to the owner of the farm Salim and told him about the accident but he refused to give her money to go to the hospital for treatment.

Chabala said she was only given K20, 000 by Salim plus a K50, 000 contributed by all workers the following morning which was not even enough, but when she reached the University Teaching Hospital (UTH), she was told that the eye had already been destroyed and the only possible thing they could do was to remove it.

On August 13 this year, her eye was removed, Chabala said the saddest thing was that when she went back to work, she was given a dismissal letter informing her that her job had been terminated because she had missed from work for one month.

She was compensated K100, 000 and accepted it as she thought it was enough.

Chabala praised the Legal Resources Foundation (LRF) for conducting the Legal Bus Projects because that was the time when she discovered that her job was unlawfully terminated and the money she was given for compensation was very little.

LRF Chawama advisor Ernest Mukelabai is handling the case.

Police Turn Into Debt Collectors

By Madube Pasi Siyauya

A police officer from John Laing Police Post on October 13, 2001 arrested and detained a woman with her nine months old baby after her husband failed to pay a debt.

Constable Simwiinga arrested Bwanga’s wife because her husband obtained a blanket from Peggy Nkandu in August worth K200, 000 that was to be paid in two months installments.

Bwanga failed to owner the promise and Nkandu instructed Constable Simwiinga to arrest Bwanga or any one he finds at his house.

Bwanga’s wife spent a night at the police post without her husband knowing where she was until he asked Nkandu about her.

When Bwanga went to the police post, he was made to sign an agreement stating when he would pay the money. Bwanga said the Officer In Charge at the Police Post apologised about his wife’s detention.

But again Bwanga failed to pay the debt on the agreed date and Simwiinga and Nkandu’s debt collector Papa on October 20, 2001 went and rearrested his wife and detained her from 09:00hours to 19:00hours.

On October 21, 2001, the police arrested Bwanga and released him at midnight telling him to report to the police post at 08:00hours the following day.

When Bwanga reported to the police post, Nkandu, Papa and Simwiinga went to his house where Simwiinga without a search warrant confiscated a stove, office desk, and sofas which they took to the police post as surety until he paid the money.

Kanyama Legal Resources Foundation Legal Advice Centre paralegals Johnstone Kalebaila and Lillian Mutambalilo visited the police post where they advised the Officer In Charge not to involve themselves in a civil matter.

Kalebaila told the policemen that it was illegal for them to have arrested Bwanga and his wife and that they should have advised Nkandu to take the matter to court.

They also told the police to return the things.

Couple Compensated K1.7M For Child’s Death

By Madube Pasi Siyauya

A Kabwe couple has been compensated K1.7 million by CV Trucks and Buses Limited for the death of their three year old son.

Titus Mwenya was run over by a minibus belonging to CV Trucks and Buses Limited on November 2, 1996 near Ngungu roundabout along Mulila Nsolo road.

A private law firm was handling the matter but the parents Timothy Mwenya and his wife of Ngungu Compound in Kabwe decided to ask Legal Resources Foundation (LRF) to handle the matter. LRF lawyer Abraham Mwansa who handled the matter said the parents opted for an out of court settlement because looking at the cases so far decided by the Supreme Court of Zambia and other jurisdictions, loss of life cannot be compensated for, what is compensated is loss of expectations of life.

He said where there is no evidence as to exact damages suffered by the dependents to the deceased the court would only award nominal damages.

Katopola Police Torture And Kill Suspect

By Perpetual Sichikwenkwe

Katopola police post officer in charge and two civilians are reported to have killed a suspect in police cells.

The trio on September 1, 2001 tortured Nathan Njovu of Chief Chikuwe in Chipata, Eastern province to death in the police cells.

He was held on allegations that he stole 15 chitenge materials belonging to his cousin’s friend Charity Moyo of Lukhalo village.

The late Njovu was on August 31, 2001 accused of stealing Moyo’s chitenge materials, which she had kept at Njovu’s cousin Belita Njovu’s place when he went to visit her.

Moyo reported the matter to Jere Neighbourhood Watch where 2 members of the group apprehended Njovu and took him to Katopola police post where he was arrested and detained.

The following day another member of the neighbourhood watch Frank Banda found Belita, Charity and Jessie discussing the matter of chitenges on the street and ordered them to stop and went with them to the police post.

When the officer in charge was told that the trio were found discussing the matter on the street, he ordered that Belita be detained together with her cousin.

Later, the officer in charge Bernard Jere, Frank Banda and Maigoni Phiri started beating Nathan and Belita so they could reveal the whereabouts of the chitenge materials.

The two were beaten using an axe, wooden hoe handles, short baton, rubber from tyres and kicked with boots despite pleading for the police officers to stop.

They stopped beating Belita when the officer in charge said she be spared of the beatings because she was a woman but for Njovu it continued until he stopped screaming.

At about 04.00hours, Belita advised the trio to check on Njovu fearing that he had died but the officers refused.

The following morning on September 2, 2001 Njovu was found dead in the police cells and the matter was reported to Chipata Central police were a docket was opened for the officer in charge and the two neighbourhood watch members. Eventually, they were all arrested and detained.

However, Chipata General Hospital has refused to give Njovu’s relatives a copy of the post-mortem so they could use it in court.

When contacted for a comment by Legal Resources Foundation Chipata centre paralegal Clement Mwale, Chipata Central Police Criminal Investigation Officer Nakasamu confirmed the murdering of Njovu by the three and that they had since been arrested.

The officer said the trio appeared in the Chipata magistrate court for murder and assured Mwale that every time the trio appears in court, LRF would be informed to put away speculations that the police might sweep the case under the carpet.

Former Bank Employee Gets Injunction Against Eviction

By Madube Pasi Siyauya

A former Lima Bank employee Rachel Shakwaya has obtained an interim injunction against Lima Bank in liquidation and its liquidators Edgar Hamwele and Christopher Mulenga from evicting her from house number 22 Uganda Avenue, Kabwe.

The bank and its liquidators wanted to evict her because they claimed the house was part of the assets of Lima Bank and that she failed to buy it when it was offered to her.

In defending Shakwaya, LRF lawyer Abraham Mwansa argued the liquidators had no interest in the house as it was not their property.

He said the house was re-possessed by the State in 1995 before Lima bank went into liquidation and therefore did not form part of the bank’s asserts. He further submitted that one could not sell what was not theirs which rendered the offer to Shakwaya null and void.

Mwansa said the court agreed that ownership of the house was in question and if the plaintiff Shakwaya was evicted, she would suffer irrepairable damage.

Shakwaya has since applied for the house from the government.

Chaisa Police Beat Up An Accused

By Madube Pasi Siyauya

Chaisa Police Post officers last month battered and faked charges against a Kabwata resident after he differed with a Taxi driver.

Elton Silwamba, 24, on October 18, 2001 booked a taxi from Chilas, a drinking place in Emmasdale, to SOS Children’s village. He said the driver agreed to charge him K10, 000 to Chilas and another K10, 000 from Chilas to Kabwata.

On the way to Kabwata when they reached Emmasdale, the taxi driver changed his mind and said he wanted K30, 000 for the whole trip.

Silwamba argued and the driver turned the car and started heading towards Chaisa. Upon seeing this, Silwamba and his friend Andrew Ojorey Mtane agreed to pay him the K30, 000 but the taxi driver continued going the same way.

The driver parked the car on the side of the road in Chaisa and left Silwamba and his friend. When Silwamba followed the driver, he found him with some police officers. The driver pointed at him saying he was the one.

The two police officers Chisanga and Chisenga immediately started beating him with shot batons. When Chisenga tried to punch him, his hand missed and instead he hit into a wall and it got swollen. Mtane who was in the vehicle followed the group to the police station at which point he was also beaten and detained. The following day, Mtane was released after being charged K45, 000 for the traffic offence of failing to pay for a taxi.

Silwamba was not charged but the boys in the police cells told him that the police officers were saying he was trying to steal a car. When he knocked on the cell door for the police officers to tell him his charge, they called Emmasdale police and told them that he was trying to break the cells. Police officers took him to Emmasdale police were he was detained till Monday when they took him back to Chaisa police post.

At the post, he was charged with assaulting a police officer in reference to Chisenga who had punched into the wall and was ordered tp K200,000.

Silwamba said the police officers had taken money from him when they arrested him but they only gave him part of the money.

The police officer followed him home after he did not appear at the police office to pay for the charge of assaulting a police officer. He told them that he was going to go there with his lawyers from LRF and the police officers closed the case.

Police Service spokes person Lemmy Kajoba said it is a traffic offence to fail to pay a taxi put he did not comment on the detention and assault of Silwamba.

Police Fail To Account For Car Engine

By Perpetual Sichikwenkwe

Police in Chipata have failed to account for a car engine taken to the police station for verification that it was not stolen.

The owner of the engine, Gideon Tembo, took the car engine to the police station so that police prove that it was not stolen as it had no registration number.

Tembo lodged a complaint to Legal Resources Foundation against Chipata Central police station that they failed to give him back his engine after proving that it was not stolen.

Tembo, who bought a mini bus from Alex Banda, discovered that the engine in the vehicle was faulty and demanded that Banda gives him another engine, which was done.

However , the spare engine had no registration number and Tembo demanded that they report the matter to the police.

The dealing officer Criminal Investigations Officer Masolokwa told Alex to bring the original owner of the vehicle, a man called Kanelyanga so that he could confirm that the engine was not a stolen one.

Kanelyanga was reported to have gone to Malawi, his home country, therefore police insisted that the engine be left there until he returned.

From 1997 Tembo kept on checking at the police station but to no avail.

When he went in 2000, the police could not find the engine but told him that it was sold at a public auction sale.

Tembo argued with the police asking how they could sale his engine when it had no registration number and that it was not a stolen one but it was taken there for purposes of confirmation.

Tembo said that a docket was opened against the dealing officer but the officer in charge claimed that he was not the one who arrested him and later quashed it out.

It was then that he appealed to LRF to help him recover his property or get compensation.

Chipata LRF Helps Woman Buy Govt Pool House

By Perpetual Sichikwenkwe

A Chipata woman who had earlier been denied access to purchase a government pool house was permitted to do so with the help of Legal Resources Foundation Chipata Centre.

Molly Muyanga was told to withdraw the matter from LRF after it wrote to Chipata Pool House Committee asking them to explain why they wanted to deny Muyanga the opportunity to buy the house when she was the legal owner of the house.

Muyanga of house No. 97 Hospital Road, Kalongwezi area, complained to LRF that the Chipata General Hospital Board Executive Director in conjunction with Chipata Pool Housing Committee wanted to terminate her offer of the house verbally and illegally after she procedurally and legally accepted the offer.

In 1996, Muyanga applied to buy the government pool house from the Chipata pool housing committee both as a tenant and a Zambian civil servant.

On June 25, 1999 the housing committee wrote to her that her application was approved at its sitting of June 13, 1999. On 24, March 2000, the commissioner of lands offered her the house in question and she accepted by paying survey fees, ground rent and lease charges. She only remained with the payment of the purchase price which was to be settled within 18 months after 90 days.

At that time, an expatriate medical doctor was occupying the house. After he moved out some other tenants were put in despite being told that Muyanga had bought the house.

Muyanga later moved into the house after being given a letter signed by the assistant personnel officer on behalf of the executive director.

The executive director gave her verbal eviction notices on several occasions and even reported her to the police victim support unit where she explained her position.

When she reported the matter to Chipata paralegal officer Clement Mwale, he wrote to the director to enquire about the justification and legality of the eviction notices.

The director surprisingly replied that he had no authority to evict any body from the pool houses and referred the matter to the Chipata Pool Housing Committee.

After she involved LRF in the matter, the pool housing committee advised Muyanga to withdraw the case saying it had no further objection to her buying and occupying the house in question.

Mwale advised her to ignore all the claimed unprocedural and unlawful verbal eviction notices because her paying of the initial fees meant she accepted the offer and at the time the contract was signed it became legally binding.

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