KITWE-BASED POLICE OFFICERS TO BE PROSECUTED
Lawyers have applied for consent from the Director of Public Prosecutions to prosecute police officers from Kitwe who ordered and directed, in abuse of their authority of their office, the Economic Freedom Fighters to stop holding an indoor press briefing, an act which is prejudicial to rights of political parties as contained in Article 60(1)(a) of the Constitution of Zambia.
In a letter dated 12 December, 2023 written by lawyers, Joseph Chirwa and Company, on behalf of the Zambian Civil Liberties Union (ZCLU), an organisation engaged in promoting civil liberties and constitutionalism, access to justice and humanitarian justice, have alleged that the conduct of known police officers was contrary to Section 99(1) of the Penal Code.
“Our client alleges that the action and instructions that were issued by known police officers are an abuse of authority and prejudicial to the constitutional rights and interests of the Economic Freedom Fighters, a registered political party under the laws of Zambia as stated above, and prosecutable under Section 91(1) of the Penal Code as misdemeanours.”
Section 91(1) of the Penal Code reads:
“99. (1) Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights or interests of the Government or any other person, is guilty of a misdemeanour. If the act is done or directed to be done for purposes of gain, he is guilty of a felony and is liable to imprisonment for three years.”
According to the lawyers, the ZCLU has taken a position that under the administration where the Republican President, His Excellency Mr. Hakainde Hichilema has committed himself to governing the country based on the rule of law, the actions of public officers which contravene Section 99(1) of the Code should not continue to be ignored, and that public officers must personally be held liable for their arbitrary actions which are prejudicial to the rights of persons, including political parties
It is actually rule of law to block masquerades from plans to incite citizens when they have no single member of what is stupidly called a political party. What are they scared of holding such stupid meetings in their home town in Lusaka? STUPID IDIOTS.