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