Police Accused of Attempting to Cover-up Assault and GBV Case

By Madube Pasi Siyauya

A Criminal Investigations Officer (CIO) of Kazungula Police is accused of attempting to cover up a case in which he and the husband to a woman, battered and assaulted her.

The survivor of assault and Gender based Violence (GBV) Wamunyima Nawa has sought the intervention of the Legal Resources Foundation in a matter in which her husband Antony Mwansa and the  CIO  Simata allegedly assaulted and battered her when she stood up to dance at a bar.

Nawa told LRF paralegal Justine Hakasenke that on October 24th 2012 she was asked to join her husband at Spencer's bar for a drink which she did. But when she stood up to dance, her husband started beating her up and the said CIO joined in beating her.

She adds that the CIO took her to Kazungula Police Post where he got a wooden whip and laid her on the table and whipped her on her buttocks. Nawa alleged that the CIO also squeezed her by the neck and put her in police custody at about 21:00 hrs. He released at 23:00 to go and see her nine months old baby and was  told to report back at the police the following day.

She said the following day the CIO told her that she was beaten because she wanted to dump the baby in the pit latrine, an act she says she never intended to do. She was also told by the CIO that she was beaten because she was in the said bar with the baby and was thus exposing the baby to danger.

Nawa said she was told this in the presence of the Officer In Charge a Mr. Nyambe who in turn told her that the matter was over she was at fault. She said she was informed that a clinical officer was to attend to her after she complained of pain arising from the beatings. The clinical officer who was phoned by the CIO examined her at Kazungula Clinic and wrote that he did not see any bruises and that she was okay. She said she was given a pain killer without the knowledge of the Medical Doctor  who was present at the time. She alleged that she was quickly whisked into a room to avoid her being seen by the Doctor.

She adds that the OIC could not attend to her and her elder sister who wanted to find out as to why she was not given a medical report form for her to seek medical attention. The Officer in Charge told her sister Inutu Nawa that she was guilty since she was found in a bar with a baby and that anything would have happened to the baby.

Nawa went to Livingstone Central Police where due to the intervention of the Officer Commanding (OC) junior officers issued a medical report form and she was treated and the medical report was signed October 31st 2012.

She adds that after treatment she took back the medical report to the police and was advised to go back on  November 7th 2012 at 09hours.

Nawa said she and the CIO where scheduled to meet at Livingstone Central Police but  her husband did not show up. The CIO refused ever beating her. He confirmed however that her husband did beat her up and that she kept falling as she was being taken to police due to her drunken state.

Nawa was told to go with three witnesses after her sister said the case needed to proceed to court. She told Hakasenke that  she  felt she was not going to get justice hence her appeal to LRF for assistance. Hakasenke advised her that according to the Anti Gender Based Violence Act No. 1 of 2011, her husband’s conduct amounted to gender based violence as per provision of section 4 of the Act. He said the Act states in sections 7 and 8 respectively that the dealing officer must be swift in cases of gender based violence and assist after receiving a compliant. It appears the dealing officer just like the OIC at Kazungula Police Post is trying to protect a fellow officer and thereby breaking the law. LRF will follow up the matter with the police.

“Help me Get My Benefits” Kasama Woman Appeals to LRF

By Madube Pasi Siyauya

A Kasama woman has appealed to Legal Resources Foundation (LRF) to help her get her long service benefits after her over 12 years efforts have proved futile.

Edina Chali of Chilyaeka Village in Kasama has asked the LRF office in the area to help her get her benefits from the  Ministry of Education were she was employed as a home economics assistant teacher and worker for over 30 years.

She told the LRF paralegal Deogracious Mutale that she retired in the year 2000 and was supposed to be paid her long service bonus of about ten million kwacha but was only paid five hundred thousand kwacha and that the reason the ministry has given for not paying the balance is that her file is missing.

Chali says she has been following up the matter since 2000 and was promised that she would be paid the money this year but to no avail. She then sought the assistance of LRF.

Mutale advised Chali that since the Ministry of Education has accepted the claim and that evidence was there to show that she had not been paid her money, the ministry is liable to the said claim and needed to pay her.

Mutale said if  the ministry does not communicated to her before the end of the  year 2012, it was going to be difficult for her to claim the said money on her behalf because by virtue of the period that had passed, the case would have been considered to be statute barred as  provided for in the limitation act.

LRF has since written a letter of inquiry to the ministry to ascertain its position on the matter.