LUSAKA LAWYER, MP GOES FOR MWALA YUYI’S PENSION
….as they demand for K40 million compensation for unlawful arrest and detention in Kawambwa
Lusaka… Monday February 3, 2025
Lusaka Lawyer Celestine Mambula Mukandila and Mambilima PF Member of Parliament Hon Jean Chisenga have demanded for K30 million compensation from the State for unlawful arrest and detention in Kawambwa District, last month.
The duo is further demanding for K10 million from Luapula Province Police Commissioner Yuyi Mwala over the same matter.
In the letters of demand for redress for unlawful arrest and detention addressed to Attorney General and Mr Yuyi respectively, their Lawyer Patrick Chulu says his clients are demanding for the said money within seven days of the date of the letter as compensation for damages caused by the unlawful actions.
He said the incident occurred on 20th December, 2024, at the Kawambwa Police Station.
“On the aforementioned date, our clients, while acting as observers during the Kawambwa Parliamentary by-elections, proceeded to the Kawambwa Police Station to report suspicious activities and an incident of electoral violence. Upon their arrival, the Luapula Province Police Commissioner (Yuyi Mwala), acting without reasonable and probable cause and ultra vires his authority, threatened Mr. Mukandila with arrest based on unsubstantiated allegations of theft at Patrimuso Lodge. Despite our clients’ clear and unequivocal denial of any involvement in the alleged theft, and their explanation that the search of the lodge was conducted by the owner, the Commissioner unlawfully insisted and directed officers of the Zambia Police Service to effect their arrest. Furthermore, the Commissioner negligently instructed his officers to issue warn and caution statements to our clients, even though they consistently maintained their innocence and requested a proper, independent investigation,” he narrated.
“The actions of the police officers constitute a clear abuse of power and a violation of our clients’ fundamental rights. Notably, Mr. Peter Chanda, President of the New Congress Party (NCP), was arbitrarily granted police bond, while our clients were discriminatorily denied the same, absent any legal basis. Our clients, as accredited observers for the Electoral Commission of Zambia, played a vital role in the electoral process. They were among only five (5) accredited observers present at the totaling center; the other three were incapacitated due to injuries sustained from violence perpetrated by United Party for National Development (UPND) cadres. Despite our clients’ urgent requests to be arrested and subsequently released on bond to fulfill their essential electoral duties, the Commissioner arbitrarily refused, resulting in their unlawful detention.”
He said the actions of the Zambia Police Service demonstrated a blatant disregard for the rule of law and a flagrant violation of his clients’ fundamental rights, specifically their right to personal liberty as protected by the Constitution of Zambia.
“The unlawful arrest and detention, carried out without reasonable and probable cause, constitute a violation of their constitutional rights and appear to have been undertaken mala fide, with the intention to intimidate and harass our clients. This conduct contravenes the provisions of the Criminal Procedure Code, relating to lawful arrest, and other applicable laws governing arrest and detention. As a direct result of this unlawful conduct, our clients suffered unlawful imprisonment and consequential harm, including: Unlawful Deprivation of Liberty: The unlawful detention severely disrupted our clients’ lives and infringed upon their fundamental right to freedom.”
