Police in Mongu are planning to arrest some individuals who sued Attorney-general Mumba Malila and senior police officers.
Source at Mongu Police have disclosed that police leadership in Mongu is planning to arrest the Chairman for the Barotseland Freedom Movement (BFM), Nyambe Namushi and businessman Lubasi Mukamba of Kaoma for reasons related to their action to sue the Attorney General and some named senior policemen who searched and framed treason charges against them in June 2012.
It is understood that the police intend to arrest and manufacture charges against the duo for refusing to remove the senior policemen from their suit. They will be sent to secret locations away from Barotseland where they will be tortured and possibly eliminated. The intention is to defeat the course of justice.
The source said that soon after being served with the Writ of Summon, the Police Officers sent an emissary to request for the removal of their names from the summons; contending that it would damage their reputations.
The source also confirmed that Attorney General Mumba Malila had written a letter to their lawyers requesting for the removal of the senior policemen from the suit because they were about to retire.
He added that in his opinion it would be a travesty of justice because the police had exceeded their mandate by confiscating documents related to the Roger Chongwe Commission of Inquiry into the Mongu riots from Nyambe Namushi who was a Commissioner. They also collected several unrelated documents not stated on the search warrants.
On June 6th 2012 the Police from Mongu searched Namushi and Mukamba after producing search warrants purporting that they were holding national registration cards from recruited foreign and local youths for military purposes. The search warrants claimed that the duo had either stolen or unlawfully obtained the national registration cards for the purposes of recruitment of youths into the militia against the Government. After the search no national registration cards were found, but then police proceeded to warn and caution the duo that they were being investigated for treason arising from their participation in the Barotse National Council convocation of March 26-27 2012. When asked why they were made to sign warn and caution statement one of the police officers said; “that was just a cover up”.
A search at the High Court Registry confirmed that on 25th April 2013, Messrs Muleza and Company served Writ of Summons and Statement of Claim on the Attorney General and the named Mongu based senior policemen, under Cause No. 2013/HP/0529.
The Statement of Claim states that after the searches the Defendants had published false information about the Plaintiffs that they had approached a retired army officer to recruit persons to fight the government of the Republic of Zambia. The information was published on behalf of the Government by the Defendants while knowing they were false or reckless, not caring whether they were true or false in order to induce government and the public disaffection against the Plaintiffs.
In consequence the Plaintiffs said they have been greatly injured in their credit and have suffered loss and damage.
The Plaintiffs therefore claim the following:
(1) An order for the delivery up of the seized property of the Plaintiffs
(2) Alternatively KR150,000.00 the estimated value of the property
(3) Damages for conversion
(4) Damages for loss of use of property
(5) Damages for malicious falsehood against the Plaintiffs
(6) An Injunction restraining the Defendants whether by themselves, their servants or agents or otherwise from further publishing or causing to be published the words set out in the Statement of Claim or any words similarly disparaging of the Plaintiffs.
(7) Any further relief Court may deem fit and
Namushi, on 13th January 2011 was again arrested and charged with trumped up charges of treason along with twenty-five others, and detained at Chimbokaila prison in Lusaka. On 27th February 2011 the treason charges were dropped but was rearrested on trumped charges of riot committed a day before the stage managed police riot of 14th January 2011 occurred, and sent to Mumbwa prison. On realising that the charge could not stand, it was amended and backdated to 23rd October 2010 that he had rioted at Blue Gums. He was acquitted of the charge after spending six months in prison. On 6th June 2012 he suffered another trumped up investigation and made to sign a warn and caution statement for treason arising from his participation in the Barotse National Council meeting of 27th March 2012 after being searched and falsely accused with malice that he was keeping national registration cards for local and foreign youths believed to have been stolen or unlawfully obtained; and that the youths were recruited for military purposes against the Government of Zambia.