By Edwin Mbulo in Livingstone
CHIEF Mukuni’s wife Veronica, Ackson Sejani, Fines Malambo, Vincent Lilanda and Javen Simoloka are demanding K2 million in compensation each from the State for unlawful imprisonment and malicious
prosecution.
And lawyer Dr Clement Andeleki has listed the Hatembo’s Fellunah and Milton as witnesses to the compensation lawsuit against the State for unlawful detention and prosecution of Sejani, Veronica, Simoloka, Lilanda and Malambo.
According to a writ of summons filed in the Livingstone High Court dated October 28, 2021 by their law firm A Mbambala Legal Practitioners of Lusaka, the plaintiffs have attached their letter demanding compensation of K2 million each dated September 29, 2021 to the Attorney General signed by their lawyer Dr Andeleki.
Dr Andeleki, who is also Katombora UPND member of parliament stated that “we have been retained by our clients whose names are
listed above with instructions to demand as we do for compensation in the sum of two million kwacha (K2,000,000,00) each for unlawful
imprisonment and malicious prosecution.
Therefore, kindly note our interest in this matter”.
He added that his clients were in March 2021 summoned to Zambia Police Service headquarters, an agency of the State and the same day detained under inhuman conditions at various police formations without charge of appearance before a court of competent jurisdiction for 43 days.
“The clients were only charged after 43 days following an order of habeas corpus granted in their favour by the Livingstone High Court on 22nd April 2021 which copy for the avoidance of doubt is hereby enclosed for your ease reference,” Dr Andeleki said.
He further indicated that firm instructions to him are to “commence legal action against you (The State) without any further recourse to you should we not hear from you within 14 days from the date of receipt this correspondence”.
Dr Andeleki told the court that Sejani, Simoloka, Lilanda and Malambo shall aver at trial that on the 21st and 22nd March, 2021 they were summoned to police headquarters where they were subsequently detained under inhuman conditions at various police formations and that they were heavily tortured and detained in filthy cells during a very serious outbreak of the pandemic.
He added that Veronica Mukuni shall aver at trial that on or about March 29, 2021 around 16:00 hours she was dramatically
apprehended in Livingstone by the Zambia Police Service, bundled up and transported to Lusaka moving from 22:00 hours to the early morning of March 30, 2021 and detained without charge at Kabwata Police
Station.
Dr Andeleki noted that the plaintiffs will collectively aver that they were continuously interrogated and tortured to give information that they were not privy to and denied police bond.
“The plaintiffs shall collectively aver that during their period of detention they were severely tortured by in-mates and officers of the Zambia Police Service,” he said.
Dr Andeleki also added that the plaintiffs shall testify that the charges that they were preferred by the Zambia Police lacked legal basis and jurisdiction as it was premeditated at punishing them using extrajudicial means.
In the lawsuit, Dr Andeleki said the particulars of malice are the detention of the plaintiffs for 46 days without charge or being
brought before court and the denial by the Zambia Police to grant the plaintiffs bond.
Other malice include the decision by the Zambia Police to subject the plaintiffs to torture and the dramatic manner it used to apprehend the fifth plaintiff (Veronica) and also the denial by the Zambia Police to comply with the High Court order to avail the plaintiffs before the High Court in Livingstone.
“The decision of the State charging the plaintiffs with offences of abduction and shortly thereafter withdrawing the same without bringing even a single witness before the court of law,” he said. “And the plaintiffs therefore pray and claims for a declaration that their detention for 46 days without charge or being brought before a court of competent jurisdiction was illegal and amounted to false imprisonment.
A declaration that the subsequent arrest and charge of abduction of the plaintiffs of the 47th day of their detention and prosecution without reasonable jurisdiction amounts to malicious prosecution .
An order for damages for malicious prosecution; an order for damages for defamation; an order for exemplary damages; an order for interest on all payments due until full settlement; an order for interest on all payments due until full settlements; an order for costs for incidental to the proceedings; and an any other relief the court may deem fit.”
Dr Andeleki attached a list of documents to be relied on at trail pursuant to Order VI Rule (I) (😎 of the High Court (Amended Rules) Statutory Instrument No 58 of 2020.
He also attached a list of witnesses to be called at trial pursuant to Order VI Rule I (I) (C) of the High Court Amendment Rules
Statutory Instrument No 58 of 2020.
The list of witnesses include Sejani, a former cabinet minister, Simoloka, the Choma mayor, Lilanda (Mazabuka mayor), Fines
Malambo, a Choma businessman, Veronica Mwanakasale Mukuni of Kazungula, and
Fellunah Hatembo and her brother Milton whom the plaintiffs were accused of having abducted.