TONSE ALLIANCE RESPONSE TO ZAMBIA POLICE ABDUCTION THREATS
Liberty House, 13th February 2025
1. The TONSE ALLIANCE has noted with dismay, threats issued by the Zambia Police Service, through it’s Spokesperson, Mr. Rae Hamoonga, that the Police will arrest anyone who refers to their activities of covert detentions, as abductions.
2. Our position is that we have no objections to the Zambia Police Service doing their job in a transparent manner, and in accordance with the Constitution and it’s subsidiary laws. The Zambia Police Service Act, Cap 107, together with the Criminal Procedure Code Act, Cap 88 of the laws of Zambia are specifically instructive about law enforcement agencies making their arrests and detentions in a transparent manner, as well as affording suspects an opportunity to be represented by legal counsel of their choice, when they are being interrogated, or in the absence of legal counsel, a relative or friend of their choice.
3. Additionally, section 253 of the Penal Code Act, Cap 87 of the laws of Zambia, clearly defines the offense of abduction, as any person who compels by force, another person to move from one place to another, outside the provisions of any written law.
4. Clearly from the above, when the Police arrest or detain a person and they take such a person to a gazetted detention center such as a Police Station, and they afford such a person, the rights enshrined in the law, such as the right to make a phone call and to engage counsel or relatives to be present during interrogation, then there is no offense committed by the respective Police Officers.
5. However, when the Police arrest or detain a person, and they proceed to hide or conceal such an arrest or detention from the public, and proceed to deny the person his rights under the law, such as the right to a phone call, or the right to have counsel of his choice or a relative present, when being interrogated, as the case was with Mr. Chanda Nonde, and many other political detainees, then the Police Officers in question commit an offense of abduction, as provided for under section 253 of the Penal Code Act, Cap 87 of the laws of Zambia.
6. As TONSE ALLIANCE, we wish to advise Mr. Rae Hamoonga, and through him, the wider Zambia Police Service at large, that wearing a Police uniform, or having a service number, or having a Police identity card, does not make one to become immune from the criminal offense of abduction, as provided for by section 253 of the Penal Code Act, Cap 87 of the laws of Zambia.
7. As TONSE ALLIANCE, we wish to take this opportunity to warn and caution individual Police Officers, to ensure that they discharge their duties within the narrow confines of the law. Individual Police Officers, who decide to operate outside of the law, and commit offenses such as abduction, simply because they are excited to be closely associated with the political leadership of the current Government, shall be held accountable for their criminal offenses at the appropriate time.
8. As TONSE ALLIANCE, our desire is to concentrate on rebuilding the economic fortunes of Zambia, once the Zambian people give us the opportunity to govern, next year. We have no wish to engage in any form of witch-hunting against any individual Police Officers or law enforcement agents. However, we shall be unable to give a blind eye to individual Police Officers or law enforcement agents who deliberately violate the law against perceived political opponents of the ruling party, in their quest for personal gain, by way of seeking to endear themselves to the political leadership of the current regime. Any such individuals shall be prosecuted to the fullest extent of the law, at the appropriate time.
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ISSUED BY:
SEAN E. TEMBO (SET)
PeP PRESIDENT & TONSE ALLIANCE SPOKESPERSON
LUSAKA, ZAMBIA
Zambia police is the legal law enforcement agency in Zambia. Period.
When they bring someone into custody, it is a legal arrest and NOT an abduction.
An abduction is “the illigal act of taking someone away by force or cunning” i.e. kidnapping.
The tribalist in question was not kidnapped he was arrested because he broke the law.
Question to Tembo and his bunch of criminals, “when did Zambia police become an illigal organisation?”
Even at the cost of exposing his so called aliases of being behind sponsoring law breakers and organising illegal escapes from legal custody using the abduction term, he is here to confirm that the aliases he belongs to were the master minds of the illegal escapes with a view to entice the public into uprising using the so called abductions as an excuse.
Our Opposition shows us the kind of governments they will form once elected. Immature and full of childish politiking. All this to justify their Plan B. Subvert the course of Justice and defy the law.
Mr. Tembo who is not a lawyer quotes to acts of law in his point 1.
A. The Zambia Police Act 107 where none of the subsequence comments he alludes exist.
B. Criminal Procedure Code Act 88 of the laws of Zambia.
Just to point out what he says and what the law says, I quote him “specifically instructive about law enforcement agencies making their arrests and detentions in a transparent manner, as well as affording suspects an opportunity to be represented by legal counsel of their choice, when they are being interrogated, or in the absence of legal counsel, a relative or friend of their choice.”
However the acts states in the law cited by him in Part III and I quote from the act
“Arrest, how made
(1) In making an arrest, the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means reasonably necessary to effect the arrest.”
Number 2 of the quote actually vilifies the Police of the Act of Resisting arrest that they spoke to and Mwamba showed us brusies he got as a result of resisting arrest, and now wants to claim torture.
Can Mr. Tembo state exact where in the laws he has stated it says “well as affording suspects an opportunity to be represented by legal counsel of their choice, when they are being interrogated, or in the absence of legal counsel, a relative or friend of their choice.”
We seem to have jokers that want to perpetuate nonsense and lies so that they can parade themselves and interfere with the Police with the discharge of their duty as we read Nakachinda did when law enforcement went to arrest Tasila Lungu Mwansa.
She obeyed the law, she was arrested, she was charged, and when she met the bond conditions; she was released and we will see the matter when the court process begins unless she takes flight like the other habitual offenders, who have no regard for the law and seek to subvert it.
In his subsequent points the Mr. Tembo speaks of moving the detainee from one detaintion to another.
We saw what happened when Jay Jay was in Hospital and escaped. Was he not detained? Did he not escape? Certain Police stations are not as secure as they should be and we have read stories of how inmates have escaped custody not just alone, but with aide of indisciplined officers of the law, seeking to undermine justice.
And further he goes on to speak of entitled to a telephone call. Where in the laws of Zambia does it state so. Please enlighten us. As the law is silent. This is what happens when you watch too much television and think that provisions of the US laws (Miranda Rights) apply here.
I have to love Kaunda for creating the law development Center (which is a law research body and commentor of legal matters). And would love to delev into some of their reports for scholarly insight.
However, back to the comments of Mr. Tembo lets not lie to people. I THINK HH in his speech which the say people turned into a mockery comes back to bite them.
There are certain portions of our laws that are old and out dated and dont provide for such things. Mr. Tembo would like them to be there. But is this the most pressing thing Zambians face. Yes, address this but be objective and balanced when we make these changes in our laws, is our society ready for these changes or they will just result in abuse, as we have noted of “Freedom of Expression”. Striking that balance is the real challenge I see. And therefore need to put the precursors right so that people uderstand. Or let people see the consequences of abusing it without the out cry of persecution. The law is but a fine line that when crossed as Mwamba did in his ego, found out that it has life long consequences.
Politicans, stop leading young people to such utopian fallacies, the consequences and the doors this may close have far reaching consequences that, I think Mr. Edgar Lungu’s children are only now begining to realise.
Mr. Tembo here again exposes his and those around him like Mwamba, Nakachinda and Chisanga (how should be advising them of the law when they sit down and connoct these absurd notions and citiations of the law). But then what do expect when LAZ cant regain in its own and the Head of LAZ is sued; instead of resigning, holds a Press conference to further expose himself and his perception of the law.