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NEWS I Letters To the Editor
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Know your Rights I Legal Advisor
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Police
Ask Suspects To Buy Beer For Them
By Delphine Hampande.
A Kasama couple was in June this year asked to buy beer for police officers
in order for them to release the wife after she was found with illicit beer.
Twenda said Constables Kabaso and Mwansa, all from Kasama Police Station,
found his wife with illicit beer and instead of following the law, they
asked her to buy them six bottles of beer so that she would not be locked
up.
He said on May 18, 2002 she went to buy illicit beer and on her way decided
to pass through a relative's house without knowing that two police officers
were following her after seeing her with the beer.
Before she entered the house, the two constables approached her and asked
her whether she was also a brewer but she refused.
Constable Kabaso then ordered her to follow them saying she had been
arrested for being in possession of illicit beer.
Constable Mwansa then handcuffed Twenda's wife and started beating her
forcing her to carry the beer on her head even after her relatives pleaded
that all be sorted out at the police station.
It was at this point that her relatives decided to inform her husband about
the arrest of his wife.
The husband found the three heading to a Guesthouse bar instead of the
police station. He, too, was asked to buy beer for them as surety before
releasing them.
He bought six bottles of beer for them but after finishing it, they demanded
for more, Twende told them that he had no money. At this point the cops
asked his wife to buy beer and she gave them K10, 000.00 but the two refused
to get it saying the money was too little to be shared among the two.
Her husband then asked for permission to go home to get another K10, 000.00
which he did and gave to them.
Around 17:00 hours he asked them to release his wife as per agreement since
he had bought the beer but the cops refused saying she could only be
released at the police station.
He then decided to go to Tazara police post to seek assistance and he was
given a call out to give to the cops but he did not find them.
He was told that his wife had been taken to Kasama police station where she
was locked up for a day by the same cops.
Twenda then reported the matter to Kasama Legal Resources Foundation LRF for
assistance.
Twenda's wife was released on May 19, 2002 but she wants LRF to assist them
get their money from the police officers.
Neighbourhood
Watch Strips Suspect Naked
By Delphine Hampande.
Two-neighbourhood watch police officers last month beat and stripped a man
naked after he failed to pay a debt.
O'brien Mulenga said the officers Mwenya and Mwaamba also changed the case
from one of a debt to obtaining money by false pretence because they were
siding with the owner of the money Peter Simfukwe.
He said the two officers also bit his thumb in the process.
Mulenga said in December last year he asked for K400, 000 from Simfukwe to
buy fertiliser from Mungwi Deport to sell in Mpulungu.
He said his friend Osward Mulenga who works for Mungwi Deport assists him to
buy the fertiliser but unfortunately he did not buy the fertiliser for him
and this made him not to pay Simfukwe on time.
Mulenga then decided to involve his father who made a down payment of K200,
000, and promised to pay the other amount later.
Mulenga's father then failed to pay him, Simfukwe decided to grab Mulenga's
camera.
It was at this time that Simfukwe involved his friends (police officers) who
followed him to his house where they forced him to go to the police station.
He asked for permission to eat before going to the police but they refused
and when he decided to start eating, the two started beating him and tore
his clothes leaving him naked.
Mulenga then told them that they should allow him to change his trousers, as
he could not walk naked.
At the police station, officer Phiri was told to record a statement from him
alleging that he obtained money by false pretence and that he was under
arrest.
He told them that he was not aware of the case saying he only knew the case
of a debt, which he has not refused to pay.
The police also charged him with resisting arrest and detained him for six
days.
It was at this time that he decided to report the case to Kasama Legal
Resources Foundation to help him sue the two-neighbourhood watch police
officers for assault.
Kasama LRF paralegal Deogratious Mutale is handling the case.
Chief
Mpumba Orders People To Beat Claimant
By Delphine Hampande.
Chief Mpumba of Mpika mid this year ordered more than 30 people to beat up a
man who claims to be the right chief.
Chilekwa Mwendalubi, who just recovered from the beatings, told The LRF News
in Kasama that on May 7, 2002 he had his clothes, shoes and K150, 000 stolen
from his house while his entire village was burnt as one way of frustrating
him from pursuing the case.
Mwendalubi said confusion started in 1985 when junior chief Chunda Ponda
announced the new chief who did not belong to the royal clan.
Mwendalubi claims he was the right man to be called chief Mpumba according
to the royal clan history because the late chief was his uncle and that at
the time of the uncle's sickness he was chosen the next chief.
He said he has witnesses to prove that he was chosen as the next chief but
they were all frustrated by the same chief and they have since deserted
their villages for fear of further victimisation.
He said the manner the whole thing was done was wrong because chief Ponda
was junior and had no powers of announcing any new chief. He said this was
supposed to be done by the senior chief, chief Kopa of the Bisa people but
he refused and instead sent his junior chief because he is his good friend.
He said government has also refused to recognise the current chief because
he failed to prove his family tree a sign that he did not have one and he
was operating illegally.
He said he started pursuing the case in 1995 and he has suffered a lot at
the hands of chief Mpumba who has even forced him to shift because he always
threatens to kill him.
Mwendalubi has reported the matter to Kasama Legal Resources Foundation
(LRF) offices so that he can be assisted to have an injunction to restrain
chief Mpumba from carrying out his duties.
Kasama LRF paralegal Andrew Ndhlovu advised Mwendalubi to produce a family
tree and look for the witnesses because that was the only sure way of
convincing the nation.
Kasama
Chief Inspector Assaults Junior
By Delphine Hampande.
A Kasama police chief Inspector is reported to have assaulted his junior and
forced him into cells for being absent from duty claiming he was
disciplining him.
Namasiku Mayonga complained that what the inspector did was wrong according
to the police service rules saying he was supposed to be given a chance to
exculpate himself as to why he was absent from work for three days.
Mayonga said on March 22,1999 inspector Makwaya ordered some police officers
to lock him up immediately after he reported for work claiming he
disciplining him as he was absent from work for three days without
permission.
He resisted being put in cells because he wanted the inspector to follow the
right procedure but this angered him and they struggled until Mayonga fell
and Makwaya started stepping him leaving four front teeth shaking.
He was locked up for one day and upon being released the police refused to
issue a medical report for him.
He decided to seek legal advice from the senior resident magistrate Ms
Malambo on March 26, 2002 who assisted him obtain a medical report.
On March 27 he took the medical report back to Kasama police so that a
docket could be opened for inspector Makwaya for assault but they did not
comply.
Mayonga upon seeing that there was no co-operation, decided to report back
to Ms Malambo who promised to get back to him but didn'tl.
He persisted and finally, the police then called a tribunal chaired by woman
chief inspector Simpasa who found him guilty and charged him with
insubordination and failure to report for work and the police deducted
K30,000 from his salary.
Mayonga said his case was heard and finalised by the police but they were
delaying to open a docket for inspector Makwaya.
It was for this reason that on August 2, 2002 he reported the matter to
Kasama Legal Resources Foundation LRF so that they could assist him sue his
boss for compensation.
Eastern
Rural Women Receive Human Rights Tips
By Perpetual Sichikwenkwe
Eastern Province Women Development Association (EPWDA) is working with the
Legal Resources Foundation (LRF) to educate rural women and girls on their
fundamental human rights.
The two organisations are concerned with a lot of human rights abuses that
affect people in rural areas, especially that they are less recognised in
terms of their rights.
EPWDA Programme Coordinator for Legal Education, Ellen Banda, told The LRF
News in Chipata that the coming of LRF has made it possible for the
organisation to train paralegals because LRF has been involved in paralegal
work for a period of time now.
Banda said her organisation decided to involve rural girls and women because
they were the most abused and disadvantaged group of people.
She said after a research, which EPWDA carried out in Nyimba, Katete and
some other parts of the province, they discovered that women had legal
problems especially those bordering on marital and labour abuses.
"We discovered that in most instances women go in the field to do the
farming while their husbands remain at home or do simple jobs other than
that of farming. But after harvesting and selling the products, all the
money goes into the pockets of the husbands," Banda said.
She said this was among several other reasons why EPWDA decided to start
training women as paralegals so they could know their rights and how to
protect themselves and later educate those who might not know their rights.
EPWDA has invited LRF in training female paralegal officers in almost all
the districts of Eastern province.
So far, 57 paralegal women in the 8 districts of the province have undergone
training.
The trainings, which were held at Madzi Moyo Lay Training Centre begun in
March this year and were conducted in three phases for 5 days each.
She said her organisation has translated human rights booklets from Women in
Law in Southern Africa (WILSA) from English into local languages to enable
rural women and girls read and know their rights.
Banda said EPWDA has formed legal support committees in villages to
sensitise people on legal aspects.
Banda said her organisation hoped to take its programmes to other parts of
the province especially with the recently graduated paralegals that will go
in the field to dig deeper about the women's problems.
"Our paralegals will go in the field to research and establish other
problems. When they report back if it will mean taking the cases to court,
we will do so," she said.
Banda said EPWDA has a funding of K16 million which was created to support
women whose rights are abused.
"This fund has not been touched yet and we are calling upon LRF to
render us help like representing our abused women in court because we do not
have lawyers. We are ready to give any kind of support to LRF as long as we
have identified a woman being involved in the matter," she said.
Banda expressed happiness over LRF's mobile legal clinic, which the
foundation has embarked on adding that her organisation would be grateful to
work with the Foundation.
She said the reason EPWDA wants to work with LRF is because they have
similarities in their work.
Banda said most of the women who have graduated as paralegals are advised to
apply as local justices in their respective districts because they have
qualifications to under take the work.
She said the trained paralegals have a better chance of undertaking the job,
as most of the local court justices who are serving now are just lay people.
And the Chipata Principal Resident Magistrate, during the graduation of the
second phase of paralegals, said EPWDA has acted in a different way because
it realised that being involved in economic activities alone was not enough
to improve the status of women and girls.
He said in 2000 EPWDA conducted an action orientated and community based
legal research to visualise and document the legal situation and
discrimination of rural women and girls.
It was, he said, through the findings and experiences that they came up with
a legal education programme. He said other than those paralegals trained
with the help of LRF, EPWDA in 2001 trained 26 paralegals bringing the total
number trained to 87. He said the 26 paralegals are carrying out community
based participatory sensation workshops in their respective districts to
improve the information about legal rights and to encourage women to stand
up for their rights.
He said since most women in the districts of Eastern province have been
trained as paralegals the abuse of human rights in rural areas will be
curtailed.
He said legal support communities that have been formed on district and area
levels would ensure that women who seek legal support and advice in rural
communities are attended to expeditiously.
She said paralegals in communities were vital as they worked as multipliers
and give legal advice where it is due.
He encouraged women to take up challenging posts like local court justices.
He said it was EPWDA's stepping stone for the future so that peoples' rights
are protected and justice done.
The topics that were tackled during the training are Zambian Legal System,
Constitutional Law and Human Rights.
Others were Zambian Bill of Rights, Contract Law, Land and Housing, Family
Law and Inheritance law.
EPWDA is a Non-Governmental Organisation (NGO) formed in 1996 with a mission
statement of empowering the rural woman economically, politically, socially
and culturally.
Corrupt
Practices Act
An Act to provide for the establishment of the Anti- Corruption Commission;
to repeal the provisions of the Penal Code relating to corrupt practices; to
make comprehensive provisions for the prevention of corruption; and to
provide for matters connected with or incidental to the foregoing.
Functions
of Commission
10. (1) The functions of the Commission shall be to--
(a) Take necessary measures for the prevention of corruption in public
bodies and private bodies, including, in particular, measures for-
(i) examining the practices and procedures of public bodies, and private
bodies in order to facilitate the discovery of corrupt practices and secure
the revision of methods of work or procedures, which, in the opinion of the
Commission, may be prone or conducive to corrupt practices;
(ii) Advising public bodies and private bodies on ways and means of
preventing corrupt practices, and on changes in methods of work or
procedures of such public bodies and private bodies compatible with the
effective performance of their duties, which the Commission considers
necessary to reduce the likelihood of the occurrence of corrupt practices.
(Iii) disseminating information on the evil and dangerous effects of corrupt
practices on society;
(Iv) enlisting and fostering public support against corrupt practices;
(B) receive and investigate complaints of alleged or suspected corrupt
practices; and, subject to the directions of the Director of Public
Prosecutions, prosecute for-
(i) offences under this Act; and
(ii) such offences under any other written law as may have come to the
notice of the Commission during investigation of an offence under this Act
and as may conveniently be prosecuted together with a charge under this Act:
Functions
of Commission
Provided that nothing in this paragraph shall be so construed as to preclude
any public prosecutor from prosecuting, subject to the directions of the
Director of Public Prosecutions, any offence under this Act which has come
to the notice of the police during investigation of an offence under any
other written law and which may conveniently be prosecuted together with a
charge under such other written law.
(c) investigate any conduct of any public officer which, in the opinion of
the Commission, may be connected with or be conducive to corrupt practices,
and to report thereon to the President.
(2) The Commission may decline to conduct an investigation into any
complaint alleging an offence under this Act or to proceed further with any
investigation if the Commission is satisfied that-
(A) the complaint is trivial, frivolous, vexatious or not made in good
faith; or
(b) the investigation would be unnecessary, improper or futile.
(3) In any case in which the Commission declines to conduct an
investigation, or to precede further with any investigation, the Commission
shall inform the complainant in writing of its decision, but shall not be
bound to assign reasons therefore.
Powers
of The Commissioner
11. (1) For the performance of the Commission's functions under this Act,
the Commissioner may-
(a) authorise in writing any officer of the Commission to conduct an inquiry
or investigation into alleged or suspected offences under this Act;
(b) require any public officer or other person to answer questions
concerning the duties of any other public officer or other person, and order
the production for inspection of any standing orders, directives or office
instructions relating to the duties of such public officer or other person;
(c) require any person in charge of any Department, office or establishment
of the Government, or the head, chairman, manager or chief executive officer
of any public body, to produce or furnish within such time as may be
specified by the Commissioner, any document or a certified true copy of any
document which is in his possession or under his control and which the
Commissioner considers necessary for the conduct of investigation into
alleged or suspected offences under this Act.
(2) In the performance of his duties under this Act, the Commissioner, the
Deputy Commissioner or, if acting under the authority of a warrant issued
for that purpose by or on behalf of the Commissioner, other officer of the
Commission, shall have-To be continued |
