State opposes lawsuit to compensate minister, PS for malicious prosecution.
THE State has opposed the lawsuit filed by Minister of Small Medium Enterprises Minister Elias Mubanga, Permanent Secretary for special duties Patrick Mucheleka and others who are seeking damages for malicious.
The State has argued that Mr Mucheleka and others are not entitled to the reliefs they are seeking because their detention was not malicious.
It adds that there was reasonable cause why they were arrested.
The other plaintiffs are UPND national youth secretary Samuel Ngwira, Chinyimba Bwalya and Kelvin Bwalya.
The five sued the State seeking among other reliefs, damages for false imprisonment.
In their statement of claim, Mr Mucheleka and others submitted that they were apprehended and arrested without reasonable cause by the Zambia Police Service for 31 days.
The added that they were arrested from September 13, 2020 to October 3, 2020 at Kasama Police Station on aggravated robbery and malicious damage to property charges.
Further, Mr Mucheleka and others submitted that during trial, the State set them free through a nolle prosequi.
But the plaintiffs now want to be compensated for mental distress, mental anguish, emotional distress, inconvenience and embarrassment among other reliefs.
However, in reply to the lawsuit, the State submits that it will submit that there was reasonable cause for the plaintiffs’ arrest and detention and that they therefore, the reliefs they seek should not be granted.
It adds that on September 13,2020, the the police received a report of aggravated robbery from the District Registration Officer to the effect that members of UPND attacked and robbed the mobile registration office and damaged property there, and fled immediately after committing the said offence.
The State will further state at trial that with the assistance of eye witnesses, police instituted investigations and recovered a generator at a house in Chilamba village which led to the detention and arrest of the plaintiffs.
It adds that the State will aver that the plaintiffs were lawfully detained and arrested.
During their detention, the plaintiffs were allowed to be visited by several of their party members as well as their lawyers.
The State will aver that police action was conducted within the law and that there was no malice in their detention and arrest.
(Mwebantu, Wednesday, 28th February, 2024)
Police scrutinising statement made by Former President Edgar Lungu.
POLICE say they are carefully examining scrutinising a statement made by Former President Edgar Lungu.
Yesterday, Former president Edgar Lungu said President Hakainde Hichilema may be forced to give up sooner rather than later as Zambians will rise against him if police continue to behave in uncivil manner.
But in a statement issued on Tuesday, February 27, police spokesperson Rae Hamoonga said the implications of such a statement is being assessed, and appropriate legal actions may be taken.
“The statement made by the Former Head of State, Mr Edgar Chagwa Lungu, indicating that “People will rise,” is under careful scrutiny. The implications of such a statement is being assessed, and appropriate legal actions may be taken,” he said.
Meanwhile, Mr Hamoonga said a police station is a protected place by law, and any misconduct within its premises will not be tolerated.
This is in response to yesterday happenings in which four Patriotic Front members were detained for disorderly conduct.
“The actions taken by Kabwata police were in accordance with the law. Mr Raphael Nakachinda was released after due process, while those unlawfully camping at Kabwata were rightfully arrested. Notably, the arrest of Mr Emmanuel Mwamba and three others was executed lawfully,” he said.
Mr Hamoonga said police managed to confiscate three drums used by the alleged unruly crowd, which will serve as crucial evidence.
He said a police station is not a playground for disorderly conduct, and individuals engaging in illegal activities within its confines are liable to be arrested.
“We reiterate the importance of respecting the law and maintaining order, emphasizing that a police station is not a venue for disruptive behavior. The police are committed to upholding the law and ensuring the safety and security of all citizens,” Mr Hamoonga said.
(Mwebantu, Wednesday, 28th February, 2024)
PF supporters nabbed for unruly behaviour
POLICE in Lusaka have apprehended four Patriotic Front (PF) members among them Emmanuel Mwamba for Disorderly Conduct.
In a statement issued, police spokesperson Rae Hamoonga said the four were apprehended while they gathered outside Kabwata police station on pretext of offering solidarity to Mr Raphael Nakachinda who was detained.
“Among the first individuals to arrive was Emmanuel Mwamba, accompanied by a group of cadres who engaged in unruly behavior. As a result of their disorderly conduct, the following persons were apprehended and detained for the offence of Disorderly Conduct in Police Station.
Emmanuel Mwamba, aged 52, of 136A Chandwe Musonda Road, Villa Elizabeth. Ms. Jacqueline Chipo, aged 49, of an unmarked house number behind Heroes Stadium, Matero. Gideon Tolopa, aged 43, of House number 475/15 Kamwala South and Mr Gift Kachingwe, aged 32, of Phase 4 Extension, Meanwood Kwamwena, Vonna Valley,” he said.
Mr Hamoonga said police are actively addressing the situation, and the four arrested individuals are in custody as police are waiting for them to avail sureties for them to be released on police bond as by law established.
(Mwebantu, Tuesday, 27th February, 2024)