September 2007
LRF Wins Man K40 Million For Wrongful Detention
By Perpetual Sichikwenkwe in Kitwe
THE Kitwe High Court has awarded K40 million as compensation to a man of Solwezi who was unlawfully detained at Maheba camp police post on charges of murder.
The court ruled that the State must compensate Alfred Simbeya, K40 million plus interest at short term deposit rates from the date of the writ to date of judgment and thereafter at the current lending rates as determined by the Bank of Zambia until full settlement and costs.
Through his lawyer Nyuma Ng'ambi of Legal Resources Chambers, Simbeya sued detective inspector Moonga of Maheba refugee camp police post and the Attorney General for unlawful detention.
Simbeya was demanding damages for false imprisonment.
Facts are that on December 26, 2001, Penzulu Kamanga and Saison Yambaya who were accompanied by a Mr Kalombo approached Simbeya so that he could assist them with a boat to cross Mumbeshi River.
Simbeya said that on the same river, there was a bridge, which was not strong. He advised the trio to wait for the following morning because he did not have a boat on that day.
Simbeya said the two who had a bundle of fish insisted on crossing the river using the bridge. Simbeya was later informed by Kalombo who witnessed the incident that Kamanga and Yambaya had drowned and died after the bridge collapsed while they were crossing.
Simbeya was arrested and charged with murder on March 18 2001 by Moonga.
Simbeya was released on March 23 2001, five days after he was arrested. He was told by Moonga to be reporting to the police. He was finally discharged on May 30 2001.
He said while in detention, he was subjected to inhuman treatment in congested cells not fit for human habitation. Simbeya said the deliberate actions of Moonga deprived him of his liberty and he suffered mental anguish, loss and damage.
In the legal suit for compensation, Simbeya said Moonga and the State were served with all the processes and dates of hearing, but never attended court and did not challenge the judgment in default entered on November 3 2006.
In his ruling, Kitwe Deputy Registrar Justine Mukolwe said: “In this case Plaintiff has applied to have damages assessed. Defendant has conceded to the application.”
“I uphold Plaintiff's application. I award the Plaintiff K40, 000, 000.00 compensation plus interest (and) costs.”