A DAY TO REMEMBER: RICHARD SAKALA, SYMON MWANAZA & MYSELF MUST REMEMBER 14 DEC
By MacDonald Chipenzi
It was the morning of Wednesday 13 DEC, 2013 While hosting Former President Rupiah Banda at Longview Lodge who at the time had just lost power and being pursues by the New PF administration under Michael Sata.
The meeting had just started when 2 plain dressed police officers requested me to accompany them to the Zambia Police Service Headquarters for a short interview.
I hesitated since I was hosting an important guest, Former President Mr Banda, to launch our project, who agreed to be guest to my invitation in my capacity FODEP Executive Director, then.
The officers were driving a Mark II white in colour with guns inside and politely pleaded with me to follow them as the interview would not take longer than necessary and would find my Guest.
But before the officers came, a female officer I had chat with the previous day at Parliament where we had gone for a protest/demonstration and petition parliament to force government to release the draft constitution and call for a referendum.
At that time I was serving as the Spokesperson of the Grand Coalition on a people driven Constitution and this female officer had been calling me finding out where I was because she bounced at the office and a letter for me which I later discovered was a police call out.
She was Tonga and addressed me in Tonga and consistently called me “my brother” and seriously wanted us (her and me) to meet that morning.
I inquired what was the issue but insisted for physical meeting which I told her, it was not possible that Morning of Dec 13, 2013 because I was launching a project which launch was to be graced by the former President Rupiah Banda.
Then, she requested me to tell her where that meeting was taking place and the name, directions and location of the lodge so that she could drop by, which I did.
After that she went quiet and never answered my call again and that was the end of our communication to date.
The police officers convinced me to go with them and I obliged.
I requested them whether someone could escort me which reply was that they had no problem and i asked my my National Secretary, Mr Jacob Goma, then to accompany me.
Entering through the eastern gate into the Police Headquarters, we were ushered into the boardroom where we found about six police officers waiting for me.
After 30mins of waiting to be interrogated, my National Secretary was excused and i remained alone.
One office got a copy of the Daily Nation which was headlined secret recruitment of police officers…may validate accusations by opposition of infusion of militia training-Chipenzi (not exact headline).
This was the end of the day and seeing of the sun for 5 days as the interview took the whole day while being told the officers could not release me as they had instruction from above not to.
Among the questions asked by the officers were whether am aware where Richard Sakala was staying and or where Daily Nation was located and operated from, which I responded in the negative.
One officer complained that Daily Nation did not have its operating address written in the paper which anomally i blamed on them not Mr Sakala.
Later they asked whether I knew the story contained as headline in the Daily Nation, which I responded that the best for them was to get hold of my statement since the story was clear that it was a statement not an interview…!
This forced the interview to temporary adjourned to go to FODEP to get the statement and which we came back to the Force Headquarters.
I was kept without food or water until around 16:00hrs from 10:00 hrs when I was transported to Central Police which became my home for 6 days while waiting for Mr. SAKALA AND MR MWANZA to join me in the cell.
Before being transported to Lusaka Central Police, one officer remarked “this man thinks he is going home. Kindly give me your phones”.
I gladly handed them over and he put them in a locker.
On arrival at Central Police and before being ushered into the interrogation room at Central Police, I was taken to an officer in charge of Criminal Investigations then Mr Frank Mummbuna who told me that the charge attracted 3 years in Prison if convicted and must be ready for that.
Further telling me that this was not that he scaring me or hated me but the law was dictating and that after all was said and done and we met on the streets, we must greet each other.
I assured him that I was firm, unscared and strong and ready to face the consequences of my advocacy work and also the statement which called for accountability and transparency in the recruitment of police officers esp taking into account the provision of the law then that that required for recruits to come from each district of this country.
The background to the statement was that the Zambia Police Force then, advertised to recruit new police officer recruits but that applications for the interested must be lodged through the provincial headquarters not districts which caused discomfort to us, as FODEP.
During the same time, there were strong speculations that PF was training its youth in Sudan and other rogue states around the world who were believed to have been fused in this recruitment hence the secrecy around it.
I was picked on 13 Dec and my two cell mates joined me on 14 Dec.
When I was finally sent to the cell, the police officer in charge of the cell that day told the inmates that Please look after this man well. He is speaking for us and make him sleep in one of the VIP rooms. He called the captain and handed me over to him.
The VIP room (1m by 1m) had 12 people sleeping while crisscrossing each other the legs facing different directions.
I had a good time with my fellow inmates and the duo (Mr Mwanza and Mr Sakala) joined the cell the following day (Dec 4) jointly charged with me, denied bond and only taken to court on a Monday, 18 Dec.
With the inmates, it was a conversation around the need for a new constitution and referendum with some pledging to join the advocacy once out.
Today, marks 8 years since i was arrested and 7 years since i acquitted with colleagues and our anniversary yesterday being arrested and today of being acquitted come on day when the New Dawn government has prioritised respect for citizens rights and freedoms.
Further, the two days come when the new President has emphasised bond and bail to be given to suspect where applicable and arrest of suspects after investigations have been done being emphasised by the New Dawn government.
The offence, arrest, detention and trial indeed, was PF orchestrated.
To comrades Mr Richard Sakala, Symon Mwanza your acquit by High Court Judge Late Isaac Chali from the offence of publishing false news with intent to cause public fear and alarm and the nullity of section 67 of the Penal Code was not in vain and we must celebrate this day with joy.
The nights we spent in one small cell 5 nights at Lusaka Central Police and one day at court after the police denied us
bond must not be regretted but celebrated as it was for press freedom and restoration of citizens’ freedom of expression, opinion and view and the dissemination of the same.
We were granted Court bail after those nights in police cells after a spirited fight by our lawyers Mr. Eric Simwamba and Lubinda Linyama, Keith Mweemba, Marsha Mucehnde among others before Magistrate Lameck Mwale.
A ZMK10, 000 was to be deposited as part of the surety and NGOCC contributed ZMK5, 000 thanks to Engwase Mwale for the solidarity and support while the other came from FODEP.
Thanks to Hon Howard Kunda and Mwazi Sakala for being surety to me.
After the bail which conditions were that one of the sureties must be a government worker at director-level hence Mwazi Sakala coming then from Zambia Daily, we pleaded with Magistrate Mwale that the case be referred to the High Court which has jurisdiction to determine constitutional issues to be raised.
Magistrate Mwale was magnanimous enough and granted us our wish and the case was taken to the High Court.
The case took 12 months at trial stage while the two stuck on as sureties for me and never waivered.
The legal costs came from Osisa through Panos Institute which hosted the funds for the constitution campaigns.
Comrades outside the cells organised lawyers, people to visit us and one notable visitors and those who hovered around during interrogations were Bishop John H Mambo, Muzi Kamanga, Lucky Mulusa with the blessings from HE Rupiah Banda, Guess Nyirenda, Andrew Ntewewe, Isaac Mwanza among many.
My FODEP team comprised; president Shepherd Chilombe, Clement Zulu and Jacob Goma.
Others were UNZASU leadership and also staged a protest against my arrest.
The opposition UPND leader Hakainde Hichilema then and now Republican President visited me at the FODEP offices after my release on bail since he was out at the time of my arrest.
Discouragingly, my family members who came to see me in the evening of the Dec 14, 2013 told me that this was why they had been tell me to stop this advocacy because it would land me in trouble one and that their warning had come to pass by what had befallen me seeing me in police cells.
I just smiled at them and wished them well and a good night.
Freedom of expression, opinion and view was restored back into the country after this judgement which nullified section 67 of the Penal Code.
Some who benefited from this persecution or prosecution which led to our acquittal were those charged with the same offence
The nullity of section 57 led to the opposition UPND leader then and current republican President HH force the state to enter a nolle over his alleged statement made that PF was training militia in Sudan.
It is worth noting that advocacy in human rights and freedoms, democracy and good governance is a risk business and one has to be aware and accept the risks to be of use in this business.
My experience in the last 18 years has been that the journey has been long, tedious, sometimes lonely and thankless coated with denials and discouragement from family and friends, discrimination based on perceived political affiliation, accusations of being agents of imperialist and being paid even when you have nothing at home or can’t send your children to school due to limited money, marginalisaton, harassment and suspicions from political establishments and friends, loss of freedom of association as friends and colleagues fear to associate with you for fear of being labelled as political and consequently lose their job and business opportunities with the government and politicians in the ruling party.
Some media houses also discriminate, marginalise you as being an opposition agent and no govt entity would want to give you any business contract or consultancy work
Key in all these tribulations of a human rights defender to soldier on is endurance, focus and passion on the mandate of your calling.
I submit
McDonald Chipenzi