PART 1: THE PEOPLE V FRED M’MEMBE & DANIEL MUMBA 13/05/2024 (15mins read)
For A1: Chiwala, T. Munalula, S. Mwila, L.C. Lemba, N. Siwila PW1 XN––––––––––
Name: Emmanuel Simposya Age: 28 Occupation: Driver Address: Isoka
Narrate the events of 8th April, 2023
We were in Serenje on the 8th of April, it was a Saturday. There was a by-election so on Saturday it was our day to take food to the Ndabala and Mililima camps. When we took the food to the camps, we went to the last camp near Ndabala whose name I’ve forgotten.
We arrived at past 16:00 and we found a mother crying and we were told that she was calling us. When she came to the vehicle she talked to our senior man and said that the Socialist Party had been there. And she said that she had been beaten and asked why she had left the Socialist Party to join the UPND.
We asked her why she had been beaten and she said she had been given money and bicycle but she joined the UPND and they wanted the merchandise back. She said the Socialist Party had beaten her. We told her that after taking food to Malamba we’d tell the Minister and that there would be people who would know what to do about it.
Who were you with? It was I, Victor, Chipo Manchisi, Haggai and Charity. What followed after you said you’d tell the authorities We proceeded and started taking food and mealie meal to Malamba. Before we reached the Mother’s shelter we saw a lot of people that had blocked the way. When we got closer, the driver parked.
Since I was seated at the top of the vehicle, I was the first one to disembark. One leg was inside the vehicle and the top part of my body was holding the rails. I then started towards where the President of the Party Mr. M’Membe was. When I started approaching, he also started walking towards me. Before I reached, the President fired the first warning shot in the air, as well as the second. By the time he was firing the third, we had met. (Distance estimated at 2 meters) Then he said “You’re bold/courageous, I’m shooting warning shots and you’re still approaching.” I said that I was bold because I didn’t know what was going on.
I then told him that our Party doesn’t allow him to do what he was doing and that the Ministers that had come with us would also disagree. While I was talking to him, we were standing near his vehicle, which was behind him. The vehicle had tinted glass so I could see whatever was happening behind us and I saw President M’Membe’s driver approaching from behind. He wasn’t approaching us in a friendly manner so when I tried to look behind, President M’Membe pointed the gun at me. Then I heard a gun shot. (Demonstrated that he
turned to the right) I was grazed at the ear. I felt a burning sensation in my ear. When I was about to bend, the person coming behind me held me. They didn’t hold me with the intention to help me. He slapped me. Then I fell to the ground. Then he stepped on my chest.
Who stepped on you?
The President’s Driver. Then the President stepped on my legs and then his driver pulled out a curved knife and he wanted to stab me in the stomach but I still had some strength in me and I was able to see what was happening. So I tried to hold his hand but I missed so I was stabbed in my hand. While the President was stepping on my legs, his cadres came and started hitting me. Some had sticks, others had black axes, tasers and pepper spray. They had beaten me badly until I got tired and then I stopped feeling and hearing what was happening. From there I came to at Serenje Hospital but I don’t know how I got there. While I was being treated at Serenje Hospital I couldn’t think straight. I spent a night there and woke up the following afternoon.
Haggai then brought my medical report but I was still in pain. I had a headache from the gunshot wound and my right leg was beaten badly. I was then transferred to Kabwe but I was still in pain and I was thinking I was going to die. From Kabwe, I came to at UTH but I don’t know how I got there. I have a statement after I left UTH.
You talked about Haggai giving you the medical report, what happened?
It was just given to me and I knew that it was mine because my name was written on it
What were you doing at the material scene?
We were passing through
What was the propose of being there? We took food there
WITNESS STATED THE FEATURES OF THE MEDICAL REPORT WITNESS POINTED OUT FEATURES TO COURT MEDICAL REPORT MARKED AS ‘ID1’
How did you know that this person you speak of was President M’Membe?
I watch him on TV, I’d see him where we work, and I’d see him on Facebook. What was he doing whenever you saw him. Our camp was close to his so sometimes I’d see him when he was seated in his car or when he was going for his campaigns.
How did you know that the person you referred to as his driver was his driver?
I’d always see them together and he was always driving the President around.
WITNESS DESCRIBED THE DRIVER WITNESS IDENTIFIED A1 AS PRESIDENT M’MEMBE AND A2 AS THE DRIVER
XXN
CHIWALA––––Is it not true that you received a call that a lady from your Party, the UPND had been beaten? I do not recall
Witness the only reason you decided to go to the mother’s shelter is because you knew that one of your friends had been attacked, correct? No
The mother’s shelter is off the Kapiri Nakonde Road, correct?
It’s at the side of the road –––––––––––––––––––––––––– Approximately 10 meters, correct? I don’t know But you can confirm that it is not far, correct? Correct
So you just decided to branch off and go to Socialist Party? No
Was there a through road where the members were meeting from? Yes Where to? Kamalamba
Is Kamalamba a school? Yes
When you’re coming from Ndabala checkpoint, what do you find first, is it the shelter or the school? The shelter
Why did you stop at the mother’s shelter instead of going straight to the school? That’s the only route we knew
When you disembarked from the vehicle, why did you go straight to Mr. M’Membe I didn’t follow him
WITNESS REFERRED TO HIS STATEMENT
Did you not follow him? I did If you were going to Kamalamba School, why did you go to Mr. M’Membe They had blocked the way
You were using Nakonde – Kapiri road, yes? Yes
APPLICATION TO MOVE THE COURT TO THE SITE 14/05/2024 XXN CONT’D AT SITE
CHIWALA––––––––––
Witness confirm that this is the mother’s shelter Yes
Show court the direction you were coming from (Signaled to the left)
Confirm that it’s from the main road Yes
Confirm that you were going to Kamalamba primary school Yes
Would I be right to say Serenje to Mkushi? Yes
Confirm that along the tarmac you can get to the primary school
I don’t know ––––––––––––––––––––––––––––––––––––––––
Is kamalamba school along the main road? I haven’t heard Is kamalamba school along the main road? No
Where is kamalamba school? Somewhere there, I don’t know the direction
You told court that you were blocked from getting your kamalamba school, show court where you were blocked (Walked to the main road and signaled at a tree)
Where were you going? To the school
Show the court where the school is (Witness showed court)
WITNESS ASKED TO SHOW WHERE THEY PARKED
how many cars did you come with? Just one, a Prada
Confirm that you were blocked as you were walking to kamalamba They blocked the vehicle not me
Confirm that the vehicle was parked where the officer is standing Yes
Confirm that the vehicle was blocked from passing in the main road No, it was blocked from the road going to the mother’s shelter
Confirm that the vehicle can get to the school from the main road I don’t know
Is that the sign for kamalamba primary school Yes
Do you still insist that the vehicle cannot enter from that direction I said I don’t know
Where did you say Mr. M’membe’s car was parked? SIGNALED TO THE MOTHER’S SHELTER
confirm that when you were coming here, Mr. Mmembe was in his vehicle He was walking towards me
Confirm that you said you could see the person walking behind you from the reflection in the car window Yes
What car was it? It looked like that black Land Rover
Confirm that there was no Land Rover in the convoy that day I don’t remember but it looked like that one (signaled to black Land Rover) Confirm that in the statement you gave to the police, there was no mention of a Land Rover I confirm
Where was Mr. M’membe standing
(WITNESS SHOWED COURT)––––––––––––––––––––––––––––––––––––
Where was the crowd for the Socialist party standing? They were all around this place, some stood by the car
How big was the crowd It was quite big
You managed to walk from where the car was parked, to here? Yes
Show court how Mr. M’membe pointed the gun at you DEMONSTRATED
You said you saw someone approaching you from the back in the car window Yes
Show how the gun passed
DEMONSTRATED A GRAZE ON THE EAR
How did it graze your ear
I was about to turn then the shot was fired
Tell court what you said yesterday I said I was about to turn then the shot was fired
(COURT ASKED TO READ WHAT WAS ON THE RECORD)
Show court how the bullet grazed your ear DEMONSTRATED
You would be dead if it hit you in that position isn’t that so? A bullet’s movement is faster than my body movement
Show court how where the President was when firing the two warning shots SIGNALED Show court where you were standing
POINTED AT A LADY IN THE BACK
And the cadres let you walk to the party President? I was approaching the driver to ask him why he had parked there
Yesterday you told court that you were approaching Mr. M’membe and he was also walking towards you correct Yes
Confirm that what you told court yesterday and what you’re saying today is different
Yes
Where was your camp when you were coming from sting to here Mililima How far is it from here I don’t know the kilometers Is it far It’s a bit far …. [Part 1]. Part 2 will be posted after 30mins.