Police acted professionally in the case of Amb. Emmanuel Mwamba, Rizwan Patel and Given Phiri- Home Affairs Minister Jack Mwiimbu

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Monze PUND Member of Parliament Jack Mwiimbu address journalists during a press briefing at his office in Lusaka on January 22, 2020 - Picture by Tenson Mkhala

Police acted professionally – Police

THE Zambia Police Service acted professionally in all the cases they have been accused of police brutality, Minister of Home Affairs and Internal Security Jack Mwiimbu has told Parliament.

On Wednesday, Law Association of Zambia president Lungisani Zulu issued a statement accusing the Zambia Police Service of subjecting opposition party figures to brutality.

Lungisan sighted the arrests of PF members, Emmanuel Mwamba, Rizwan Patel and former president Edgar Lungu’s political advisor Dr Chris Zumani Zimba as some of the cases involving police brutality.

Delivering a ministerial statement in Parliament this morning, Mwiimbu said he was proud that in all the cases cited by LAZ, Zambia Police Service acted professionally.

He explained that Under section 26 of the Criminal Proceedure Code Chapter 88 of the Laws of Zambia, then police officers are empowered to make arrests without a warrant in specific situations such as when a person commits an offense in the presence of a police officer or when an officer has reasonable ground to believe that an an offence.

Mwiimbu further told Parliament that the law empowered police officers to use any means necessary to arrest a person who had committed a crime but was resisting arrest.

The minster said the police did not require to issue out a call out or have a warrant to effect an arrest.

“Under section 6 of the criminal procedure code chapter 88 of the laws of Zambia, the police officers are empowered to make arrests without a warrant in specific situations,” Mwiimbu stated.

“For instance, when a person commits an offense in the presence of a police officer or when the officer has reasonable grounds to believe that an offense has been committed.”

He pointed out that according to section 18, subsection 2 of the criminal procedure code, if a person forcibly resists arrest or attempts to evade arrest, a police officer may use all means reasonably necessary to effect the arrest.

The minister said Mwamba assaulted a police officer who was trying to apprehend him, an offence for which he has since been arrested.

He also addressed the misconception surrounding police call-outs, stating, “A call-out is not a requirement by law for any police officer to effect an arrest.

Mwiimbu said a call-out was merely an administrative process and an acceptable practice by which members of the public are invited by the police to answer concerns raised against them.

Highlighting the improvements in police conduct, Minister Mwiimbu expressed, “People are now free to interact with law enforcement agencies, particularly the Zambia Police Service.

“We have an open-door policy, and members of the public are free to report any alleged crime without fear,” Mwiimbu said.

He expressed disappointment at individuals and institutions that oppose well-intended actions by law enforcement agencies, emphasizing that the government remains committed to promoting democracy, human rights, and upholding the rule of law.

Reflecting on the past, Minister Mwiimbu drew attention to the contrast in the treatment of the opposition, stating, “Unlike in the past, people, including both the ruling Patriotic Front (PF) and the opposition, can now hold press briefings outside the police without being harassed. There is now rule of law under the government’s administration.”

Meanwhile, Mwiimbu said he was ready to condemn any police misconduct.

He stressed that if there police acted unprofessionally, it was the responsibility of the affected individual to report such matters to the police, the Human Rights Commission, the Police Complaints Commission or take the matter to court.

The minister made assurance once that is done appropriate action would be taken.

Mwiimbu further emphasized the importance of maintaining law and order, stating, “We do not want to slide back into lawlessness where gun culture was the order of the day.”

By Moses Makwaya

Kalemba

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