Amb. Emmanuel Mwamba discusses the case of human rights violations by the Zambia Police as reported by the USA State Department

Human Rights abuse by the Zambia Police

Amb. Emmanuel Mwamba discusses the case of human rights violations by the Zambia Police as reported by the USA State Department Country Report on Zambia, the recent Human Rights Watch

He has written a brief on the matter using Court documents filed in Zambia.

Abductions, a case of the Zambia Police

By Amb. Emmanuel Mwamba

Zambia’s top cop, Mubita Nawa, was on his hopeful way to head the International Criminal Police Organisation (INTERPOL) as its next Secretary General when ugly reports emerged in international press about his clearly unprofessional conduct while serving in the Zambia Police as Deputy Police Commissioner.
INTERPOL is the world’s largest international police organisation dealing with over 196 member states police cooperation and crime control.

A father and son Vinod and Uddit Saddu wrote a scathing letter, through their London lawyers, Leverets Group, to Interpol stating that they had strong grounds to believe that Mr. Nawa played a pivotal role in a conspiracy that led to their unlawful kidnapping, detention, assault and extortion in September, 2022.

This painted a police service that is unprofessional, brutal and frequently abuses human rights.

In the process of election, Mubita Nawa proceeded to lose when the Interpol Executive Committee picked his competitor, Brazilian police officer, Valdecy Urquiza.

The Zambia Police refuted the allegations of abduction and illegal detention of the Sadhus stating that issues raised were baseless and untrue.

BUT WHAT IS THE TRUTH?

In witness statements filed in the Lusaka High Court by their lawyers, SimezaSangwa Associates, in the matter 2023/HP/2001 in suing police officers; Malambo, Bernard Phiri, Mweemba and Rashid Munali, Mwila Chintu and the Attorney General, Mr. Vinod Sadhu, Managing Director of Sun Pharmaceuticals Limited, residing at Plot No. 10968, Lunsemfwa Road, Kalundu, Lusaka detailed their abductions, illegal detention and extortion.

On 18th September 2022, Vinod arrived with his son, Uddit Sadhu, at Kenneth Kaunda International Airport in Lusaka. On 29th September, 2022, the Director of Immigration called the Sadhu’s liaison officer, Chifunda, asking him to inform Uddit to come and collect their immigration papers.

Upon arrival at the Immigration Department Headquarters at Kent Buildings on Haile Selassie Road, and were ushered in 2012 where they were met by a Mr. Namangolwa, who they had met earlier at Kenneth Kaunda International Airport on 18th September 2022.
A few minutes later a group of six (6) armed men invaded the room and without introducing themselves and without showing any identity documents, later led the Sadhus downstairs and bundled them in the waiting vans with one vehicle they remember was bearing number plates AID 1234.

The Sadhus were put in one vehicle with a man that was being called Rashid Munali. Munali was later identified as UPND cadre impersonating as a police officer.

Chifunda was put in the other vehicle with officers namely; Mwila Chintu, Bernard Phiri from Sesheke Police and other individuals.

The Sadhus vehicle remained behind.

They were driven away with blazing sirens, at high speed, and officers employing evasive maneuvers and the convoy drove on the opposite side of the Addis Ababa dual carriage way.

They later learnt that the vehicles they were being driven in came from State House and one of them was being driven by a driver to Mr. Levy Ngoma, Special Assistant for Politics to President Hakainde Hichilema.

The captors tried to confuse the abducted by going round circles but Vidon remembers were taken. It was in Kalundu at big house that looked like a private lodge opposite a newly constructed duplex. The house is house no.391, Lufubu Road, Kalundu, Lusaka.
He remembers this as the property was near a house former President, Dr. Kenneth Kaunda lived after he left office.

When they arrived at the premises, they were photographed and all items such as company documents, white books, identity documents, banking papers and statement of account between Sun Pharmaceuticals and Ministry of Justice dated 27th September 2022, were confiscated and recorded.

The three were separated and were locked up.

Rashid Munali, Malambo and Mwila Chintu interrogated Vinod on matters concerning the directors and ownership of Sun Pharmaceuticals Limited and its signatories and the money so far received from the Ministry of Justice.

He was asked about his financial contributions made to the United Party for National Development (UPND). Vinod told his captors that he knew the late Anderson Mazoka who he had met in 1979.

The captors also brought up the controversial matter of the Kalenga Family and their shareholder claim of Sun Pharmaceuticals Limited. Vinod referred the team to various court judgements from High Court up to the Supreme Court that settled the matter.

Later, the interrogators brought his son in the room and repeated the same questions extensively.

Afterwards, the captors came back in the room and warned them that “You will never leave the building till you cooperate and do what we ask of you”.

However, commotion emerged when they discovered that Chifunda had sent a S.O.S message to a William Banda, relaying the fears that they were abducted by unknown persons purporting to be police officers and were kept at a private lodge in Kalundu. He had ALSO a location.

During the ensuing chaos, the driver to Levy Ngoma produced a gun and threatened to shoot and kill Chifunda for hiding a phone and for sending a message to “outsiders”.

“I can shoot you for what you have done. In the Flying Squad, we kill people for merely being in the wrong company of anyone we are targeting, how dare you hide this phone from us?”

This immediately caused the trio (Vinod, Uddit and Chifunda) to be moved to what was later identified as Chelstone Police Station after they drove to pick the Sadhus vehicle parked and left at Kent Building.

At Chelstone Police Station, they were ushered in the CIO’s officer. Rashid Munali brought persons he identified as members of the Kalenga Family.
Vinod stated that he knew Hon.

John Kalenga and explained that he took over his firm in the 1980s as new investor into the firm. Vinod stated that the claims by the Kalengas was contested his ownership of the firm, has been processed through the Lusaka High Court, Appeals and Supreme Court and Vinod stated that the judgements would show that the firm and its ownership was established as his rightful owner of the firm.

The Sadhus finally made contacts with their lawyers.

Later, Mubita Nawa arrived at Chelstone Police and conferred with the UPND cadre, Rashid Munali. The men had a document they wanted the Sadhus to sign.

It was only later after 19;00hrs that Mrs. Ireen Kunda from George Kunda &Company found where the Sadhus were being detained.

Vinod was repeatedly denied access to his high blood pressure medications. They were detained in the police cells with 28 others.

The officers told the ‘Captain” to “deal with us”.
Chifunda, who had heard the instructions engaged the “Captain” of the Cell and they escaped any violent attack on them.

Rashid Munali who clearly identified himself as a known police officer, had seized documents and passports from the Sadhus together with a Malambo who identified himself as an officer from State House.

The horror of their 24-hour detention was soon over when they were released the following day.

The case of the Sadhus is not different from the cases of Shabby Chilekwa, the murder suspect, who was beaten and brutally tortured by both the police and persons identified as UPND cadre between 6th and 9th February 2022 at the same private property in Kalundu.

Aide de Camp to former President Edgar Lungu, Chisanga Chanda was also detained and interrogated at the same facility.
Economic and Equity Party (EEP) President, Chilufya Tayali and Patriots for Economic and Progressive Party (PEP) leader, Sean Enoch Tembo have all been victims of brutal attacks, literal abduction.

Former State House Political Advisor Chris Zumani Zimba’s co-accused persons, Marlone Zimba, Potipher Gwai and Given Phiri were brutally beaten and tortured and kept away from lawyers and family members for extended period. The sworn affidavits (Case No. HPBA/16/2023 reveal the sordid details.

I have detailed my own experience where I was beaten and brutally handled and abducted.

I was trailed and followed to a public place, a car wash.

Over twelve persons in 3 motor vehicles brutally captured me despite open protestation of members of the public present at the premises. I was taken away and I couldn’t see BOTH my family and lawyers until the following day.

Similarly, my family and lawyers did not where I was taken until the following day. To cover their crimes, the police officers concocted a false charge that I had assaulted one of them and began a swift prosecution of the case against me.

While my criminal complaint of grievous assault occasioned on me, supported with medical records and reported to Woodlands Police Station against the Police officers was never acted upon.

Further my complaints to the Police and Public Complaints Commission (PPCC) and the Human Rights Commission (HRC) have never been acted upon.

Although the operation to abduct involved over twelve officers and three cars, the police has logged official details that only 3 officers were involved. Were the others UPND cadres? I will never know.

I have since sued the Attorney General and the police officers and as abductors; Steven Simweenda, Brian Chipango and Jospeh Kapasa in the Lusaka High Court and the matter is case no. 2023/HP/1847.

During this period, I joined politics, I have been detained three times and I have heard far worse cases of police brutality, beatings, torture by inmates and ordinary people detained sometimes for simple and civilian cases known as ‘Obtaining”.

The Police is routinely used by members of the public to recover monies lent or borrowed.

This is clearly a civil matter but police officers find a convenient criminal offence known as Obtaining Money by False Pretenses. The detention and sometimes beatings does result in the borrower making forced payments and written undertakings to liquidate the debt.

Yet Government has established the Small Claims Court to expeditiously deal with such cases.