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Violation
of Dr Kaunda's rights Case
 A
landmark case involving former Republican President of Zambia Dr Kenneth
Kaunda against the Zambian Government commenced by the Legal Resources
Foundation was decided in favour of Dr Kaunda at the African Commission's
29th ordinary session in Tripoli, Libya on April 23, 2001.
The
Foundation took the case to the African Commission in 1998 to challenge the
Constitutional clause that barred Dr Kaunda from contesting the 1996
presidential elections. The LRF sought an order to determine the
Constitutionality of the clause in the Amended Act of 1996. DR. Kaunda was
barred by this discriminatory clause, which stipulates that a person vying
for the presidency shall be of Zambian parentage. The effect of this clause
affected Dr. Kaunda, who is Zambian by birth but of Malawian parentage. The
Zambian government was urged to take necessary steps to bring its laws and
Constitution into conformity with the African Charter after being found to be
in violation of Articles 2, 3(1) and 13 of the African Charter to which
Zambia is signatory.
Lusaka
Legal Advice Centres
The
Death Penalty Case
The
Legal Resources Chambers has been requested to provide counsel to represent
Cephas Miti and Benjamin Banda, two convicts who were sentenced to death by
hanging in the High Court in 1999. The two had unsuccessfully appealed to the
Supreme Court against their sentences and have now petitioned the
constitutionality of the death penalty. Owing to the lack of precedent, it is
certain that the High Court will throw out the challenge being made to the
death penalty. The LRF advocates will then argue the appeal before the
Supreme Court.
Salau
- V- The State and Chief Immigration Officer
This
case is a constitutional challenge to the discriminatory provisions of the
Immigration and Deportation Act, which ascribes to spouses of Zambian women
who are married to foreign nationals, a less favourable residence status than
that of foreign women married to Zambian men. If successful, the case will
entail the repeal of the offensive provisions of the Immigration and
Deportation Act.
Murder
of 3 Kasisi Girls' Teachers by Police and State House Official
On
September 8th 2001, the nation was treated to news of the shooting of 3
'bandits' at the residence of a high ranking presidential aide. Only a day
later the nation was again shocked with the revelation that the purported
bandits were in fact unarmed teachers who met a most violent death. Each of
them, as the subsequent post-mortem report showed, died of multiple gunshot
wounds fired at point-blank range.
The
Police, as is customary in cases involving policemen and high-ranking
politicians, were reluctant or totally unwilling to arrest the culprits. The
LRF was then compelled to apply to court for an order directing the police to
take statements from persons who might know the circumstances in which the
deceased met their deaths and to present such statements to the court by way
of an inquest. Despite feet-dragging, particularly by police high-command,
the LRF successfully applied for the order, although the interference ensured
that it took 4 months to get the inquest underway. However, once the inquest
had commenced, the culpable role of the police and state house official in
the death of the three teachers was so obvious that the Director of Public
Prosecutions decided to charge them with murder and discontinued the inquest
proceedings.
State
V 150 Chinsali Girls and Kenneth Kaunda High School Pupils
125
Chinsali girls and 25 Kenneth Kaunda secondary school pupils were apprehended
and detained by police at the Chinsali State Prison on allegations of rioting
and arson during the teachers strike. After 3 days they appeared before the
Chinsali magistrates who remanded them in custody and demanded that only
biological parents sign bail for them despite the school being in a remote
part of Zambia and a boarding school. The Foundation managed to secure bail
for all the pupils, including those without biological parents. Sadly most
pupils had been in prison for over 10 days. At the hearing the pupils were
discharged and set at liberty.
Jane
Mulenga, 45 others - V- The State & Kafue District Council
This
case involved a phenomenon that is becoming increasingly prevalent in the
allocation and alienation of land by the state. The commissioner of lands,
acting on the recommendation of the Kafue District Council sold a parcel of
land to a wealthy Lusaka woman on which a group of about 50 so-called
'squatters' had settled for over 20 years. The woman then successfully sued
the Council for possession at the Lands' tribunal without citing the group as
defendants. It was after police and a hired mob burnt down the group's houses
that they sought the intervention of the LRF, which applied unsuccessfully to
the Tribunal to join the group to the action. An injunction was later applied
for by the LRF and granted by the High Court restraining the Lusaka woman
from interfering or evicting the settlers.
Chipata
Legal Advice Centre
William
Manda - this Criminal Appeal concerns a 19-year-old grade 12 pupil of Chadiza
High School who was convicted and sentenced to 36 months in prison for the
offence of attempting to destroy property by explosives. The mother, a widow
came to seek assistance from the Centre after exhausting all available help
in Chipata. The Foundation had the boy released on bail pending appeal that
enabled him to sit his grade 12 exams. The appeal was heard at the High Court
at Chipata on 7 December. Conviction was quashed and sentence set aside.
Michael
Chiumia and Lameck Phiri- The two appellants appealed to the Eastern Province
Local Government Appeals Board against the decision of the Chadiza District
Council to dismiss them from service after investing their entire working
lives - spanning an illustrious 24 years - in the local authority. The two
were council treasurer and deputy council secretary respectively. They were
dismissed on trumped up allegations by the council secretary supported by the
latter's close friend - the officer in charge of Chadiza Police Station. The
two suffered police detention on the same charges until the magistrate
acquitted them after police attempted to withdraw the initial charge and then
re-arrest the two on different charges. The police harassment is subject of a
court action but the civil appeal was heard and the two reinstated, albeit on
demotion.
David
Lungu- Client is a Grade 11 pupil of Chipata who was severely battered by
police when he and other pupils protested against the teachers' strike. He is
currently in a wheel chair and will not improve because his parents have
failed to raise US $200 for further tests or treatment at the University
Teaching Hospital (UTH). The LRF made efforts to help raise the amount with
little success. The civil action for compensation against the state is still
pending before the Chipata High Court.
Kabwe
Legal Advice Centre
Boyd
Mumba - the case involves a re-trial of a man accused of obstructing Drug
Enforcement officers in the execution of their duties. His earlier trial was
not completed because the trial magistrate died. Witnesses in the case have
now come up with different evidence, prompting the LRF to make an application
under the constitution that it is a violation of the right to a fair trial
for an accused person not to be furnished with statements of prospective
witnesses for the prosecution. The application was thrown out but the LRF
could not appeal because Zambian law does not permit a preliminary objection,
(unless it relates to jurisdiction), to be the subject of an appeal in
criminal matters until the main trial is disposed of.
Arnold
Musonda, Maureen Mumba sued Zesco as 1st and 2nd plaintiff. The two
plaintiffs were administrator and widow respectively. The action was for
payment of terminal benefits due to the estate of Paison Musonda-deceased.
The matter was decided in favour of plaintiffs and paid a total of K22,
290,591.93. Benjamin Kalumanshi- was convicted to 25 years imprisonment with
hard labour for manslaughter. On appeal his sentence was reduced to 5 years.
Kasama
Legal Advice Centre
Kasama
District Development Association vs Kasama District Council- This case was
undertaken in the public interest to safeguard the environment. LRF acted for
the Kasama District Development Association, an organisation constituted by
concerned citizens. The defendants were the Kasama District Council, which
had been influenced by politicians from the ruling MMD to 'develop' the
presidential park recreation facility (which is sited at the source of the
Mulilansolo and Mushitu streams - a designated as a National Forest) into a
market. This was done to win the support of marketeers who were anxious to
have a new trading place close to the main trading area of Kasama. The LRF
obtained an injunction restraining the council from continuing with the
demarcation of the park into stands and some council employees were locked up
for disobeying the court order. The council eventually bowed to legal and
public pressure. It is gladdening to note that the source of the Mulilansolo
/Mushitu stream is now safe.
Sikacheya
V The People- This is a case from Chinsali. It was a criminal matter
involving our client Sikacheya who was brutally assaulted by three police
officers and then charged with obstructing police officers in their duties.
We represented him and raised some preliminary issues regarding the propriety
of the charge sheet, which had serious defects that ultimately turned out to
be fatal to the prosecution's case. Our client was discharged based on the
preliminary objection and all the charges were dropped against him.
Kitwe
Legal Advice Centre
Sailas
Luchembe Vs William Boli Nyirenda and Kitwe City Council This case was taken
up to establish the point that assumption of high office in the public
service did not confer immunity against legal action for clearly illegal
acts. Our client was occupant as sitting tenant of a house which Kitwe City
council offered to him but subsequently sold to William Boli Nyirenda, the
then mayor of Kitwe. Mr Nyirenda went ahead to obtain an order for summary
possession of land against our client. In late 2001, the parties in this case
opted for an out of court settlement and the court action was discontinued by
consent. The client has since bought the house.
Livingstone
Legal Advice Centre
Ilukena
and 14 others v Shaik Import and Export- This was a labour case. Shaik Import
and Export owed our clients money for leave and one month's salary. A Writ of
Summons was issued whereupon the Defendant requested to have the matter
settled out of court. Our clients were later paid all their dues.
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