September 2007

Prisoner Warder Has Made Me Lame
Dear advisor,

My name is David Lwakala a prisoner at Mkushi local prison. On April 10 2007 I was beaten and badly wounded by the prisoner warders over lotion. The X-ray showed some internal fractures two of them on my legs. I am unable to walk its now three months. I am seeking for assistance over my case and requesting you to come so that you can interview me physically. I do not know whether prisoners as well have rights because they are treated badly. If they do have rights, then their rights are being violated by both society and the government. Dear advisor, who is going to look after my children and my wife as lame as I am now? Some officers at Mkushi police are aware about my problem but they did not take any action. I am looking unto you for assistance.
Yours faithfully,
David Lwakala

Dear Lwakala,
There are many complaints against prison warders assaulting prisoners. In Ndola, a prisoner's eye was gorged by a prisoner wader who used a stick on a defenseless prisoner.
In Kasama a prisoner's leg is about to be amputated after a defenseless prisoner was severely and repeatedly kicked in the groin using boots.
Again in Mkushi, there you are with a complaint of sustaining a fractured legs after being assaulted by a prisoner warder. The list is endless.
Prisoners are fellow human beings who were created in the image of God just like any other person.
Some of the prisoners stole because of the unequal distribution of wealth while some are educated and needed to be in employment but they could not find any.
It is therefore not fair for prisoners to be punished twice by a prisoner warder who impose inhuman penalties. Prison warders should if anything make sure that the prisoners are treated like human being and given the dignity they deserve.
As for prisoners, you should also be obedient by following the rules and finish your sentence in good faith and go home as a reformed person. Do not make the work of those prisoner warders difficulty. Save your sentence in obedience to the prison rules. As for prisoners who have been injured at the hands of the prison warders, report such cases to us and we shall make sure that the law takes its course. We will see to it that you obtain justice for the suffering you have gone through.
Your advisor.

Junior Workers Are Mistreated
Dear advisor,
I am hereby trying to find out from you a case concerning labour. Here at my company in Kitwe, we work on a one year contract at junior level and two years for senior level. For senior level people, they are paid gratuity while at our level we are not. My main complaint is that we want to join the Union but management says we are not entitled to join any Union. Now from the legal point of view what powers does the management have to infringe on our constitutional rights?. We are 450 workers and we would like to take them to court as some of us have worked for 15 years without being put on permanent jobs and we are from colleges in different disciplines. Please help us are we being exploited. Our conditions of service never change.
Yours faithfully,
worried junior worker
Kitwe

Dear junior workers,
Kindly send us copies of your contract of service, your payslip or any other information or document that can support your case.
You cannot work for 15 years without being put on permanent basis. There are even some parastatals that are doing the same thing. The duty of labour officials is to see to it that workers' rights are protected. We call for the increase of labour offices in Kitwe to arrest the situation at Scaw so that workers are employed and treated in accordance with the law. Employees have a right to form a Union of their choice but as the facts are scanty, we shall further advise when the information we have requested is availed to us.
Your advisor.

Indians Mistreating Zambians In Chipata
Dear advisor,
I would like to thank you for the job regarding your advise in human rights and assisting the needy with the Legal assistance. My problem is that I need to know whether these Indians have the power or right to insult the blacks who work for them. I have said so because I have observed for a long time now that Indians abuse Zambians who work for them to the extent of making the situation look like it is their country.
There are few Zambians who work for them who enjoy work. Many of them are suffering because of the bad conditions that they work in. They work long hours say from 6 to 22 hours especially live ins and when it comes to salaries, they are paid very little such that they can not manage to provide for their families.
Others work from 7 hours to 16.30 hours without lunch and gets their salaries after three months. How are they supposed to survive? What I know is that one can not insult the owner of the house and similarly, the Indians should give respects to Zambians because they are the owners of the house.
One thing they should know is that the workers are not slaves because slavery was long fought by our first President Dr. Kenneth Kaunda. The other complaint is that these Indians hold on to their money which they later change to dollar and send it to their country to improve the economic of their country. Please help me to solve this issue because it pains me a lot.
Yours faithfully,
Chipata resident.

Dear Katayi,
You raise important concerns which require government intervention . There is a law that regulates conditions of service and also another one that sets minimum wages and conditions of employment ( General Order) 2006. Under this law, workers are supposed to work for forty eight hours and employees who work more than the specified number of hours must be paid overtime. This law also sets minimum wages for the employees. Despite the existence of this law, many workers are subjected to longer working hours and as you correctly observed , wages are meager. This situation is shameful to say the least. It is hoped that government will put in place a serious regulatory framework to ensure that employers abide by our labour laws. The labour officers provided for in the employment Act have duties limited to ensuring observance of the provisions of the Employment Act. We hope the government will look into this problem.
Your truly,
Advisor