Kaoma Magistrate court has distanced itself from the inhuman treatment and harassment exhibited to the 17 detained Barotseland activists by a named police Criminal Investigations Officer (CIO) from the police command in Mongu.
The court heard this today when the matter came up for an application pursuant to section 213 of the Criminal Penal Code (CPC) to have an old indictment substituted with the fresh one carrying all the names of the Barotseland activists.
Magistrate Exorbious Zulu said the words expressed by the named CIO from Mongu to the 17 detained activists in Kaoma district did not in any way represent the police and the judiciary in the province.
This came to light when the detained activists complained to the court that a named CIO threatened that the detained activists will die in Kaoma state prisons and that the Magistrate determining their case will sentence them to five years imprisonment.
The detained Barotse activists, Mulasikwanda Chazele 59, and Sinonge Lutangu 45, told the court that on Wednesday this week, CIO, Mulimba used bad words and harassed them while in detention when he brought two more arrested Barotseland activists, Mulasikwanda Chazele 59, and Muyangwa Mungwaluku 36, to Kaoma prisons.
Mr Lutangu complained that their detention in prison is not safe as the officer has already determined their fate and that justice will not prevail.
But Magistrate Zulu assured the 17 detained Barotse activists that the police officers were professionals and that the words uttered by the police officer did not represent the police and the judiciary in the province other than himself.
Magistrate Zulu said the court will seek audience with the Police Commissioner, Fanwell Siandenge in Mongu so that such issues does not occur again especially that the matter is active in court and that they (Barotse activists) will be informed of the outcome from the Police Commissioner.
He said the activists should be treated with dignity and not to be subjected to inhuman treatment as they are all still innocent before the court of law.
Mr Zulu said the court will give them latitude to freely express their feelings and that no one should be intimidated adding that the court will only become harsh if they became a nuisance.
The 17 Barotseland activists have been charged and detained in Kaoma prisons for tearing 113 copies of the draft Zambian constitution valued at K 655,400.00, the property of the Republic of Zambia and idle and disorderly manner likely to cause breach of peace contrary to the laws of Zambia.
The matter has since been adjourned to the 4th and 5th of October, 2012 for trial.
ZANIS
The question is: – In accordance with the Law, what is supposed to happen to that PF man who committed the exact same ‘crime’ as these men in detention?
Ask MMD. it was them who were in power?
Dear Mayo, I am sure you are aware that the written Laws of Zambia do not automatically change with the change of Govt, or are you not?Â
They don’t and that is why he is telling you to ask MMD why they did not uphold the law by punishing the PF cadre.Â
Dear Ed, LOL. Ordinarily I would laugh this off as a good joke. But just in case you are not joking, I would say I don’t think we are on the same page, or could it be that you opted to misunderstand my point on purpose. Please read my question again. It is in the present tense for a reason. Or are you saying that PF Govt should apply your rationale to the corruption and thieving committed under MMD Govt as well? i.e. let the thieves and corrupt people go unpunished since MMD Govt did nothing and everybody will live happily ever and after?Â
Ba Brabus, you surely know the answer to your silly question. What we are responding to is the inference to what your question insinuates, i.e. that the PF is playing double standards by arresting the Lozi renagates while letting their renagates go free. From this the answer is: the police during the MMD administration looked away when crime was committed. Today, they can not even trace the fellow or produce a record of the incident and thus cannot just go and create a docket with evidence. But for the current issue, they have the torn documents and witnesses ready to testify. If you have evidence, make a citizen’s arrest and the law will take it’s course. No sacred cows here and now.Â
 Dear Ed. I don’t know what you’re playing at, What do you mean there is no evidence that Sam Mukupa of PF tore draft constitution (i.e. destroyed property)at a rally last year in broad view in the exact same manner as these men in detention? For glaring  evidence in pictures including identities of some of those present simply google ‘PF’S SAM MUKUPA TEARING DRAFT CONSTITUTION PRODUCED BY THE MMD GOVERNMENT LAST YEAR AT A POLITICAL RALLY’. If there is rule of law in our Country it should be applied to all of us indiscriminately. Failure to that constitutes double standards. Period.Â
all detains face similar situation,dont expect special treatment.a jail term 5 years is good for u folks,i paid for those draft papers you tore.i have no symparthy for such stupid actions.
detainees.
Exorbious……..hmmmmm…..smh!
WHAT DO THESE GOONS EXPECT?FIVE STAR TREATMENT FOR TREASON?GOD FORBID,THEY MADE THEIR BED,THEY MUST LIE IN IT.
Country men,choose peace and live!
the step you’ve taken will not serve you!
choose life today !
The times are hard but destroying documents is just wrong. If u give them 5 years,I will think u are bad. 1 year in Zambian prisons is more than 100 in hell.
Bad boy bad boy wacha gona do when they come for you? Bad boy bad boy wacha gona do when they come for you? Law is law baba Lozi folks you can do better than this.
Now you have started hallucinating about bad treatment in prison while all your friends even innocent ones are facing the same conditions. Just be as brave as you were when tearing the documents and insulting government. You exhibited grave stupi.di.ty such that us people who were supporting you now can’t. Mwaitaya guys.
For ##1. The answer to your dull question should be answered by RB and MMD as that thing you are talking about happened at the hem of their rule. You know very well how they tolerated lawlessness in the country, hence their failure to arrest that person if indeed he tore the constitution documents. This time Zambians want to restore the law of the land back to its greatness and glory. So advice your friends to behave in this new epoch man.Â
Dear Truth#7. Your lack of capacity to engage and debate in a rational manner on an issue without degenerating into childish name calling speaks volumes about you. What you have vainly stated is your personal opinion and clearly you are a bit in over your head on this issue and do not know how the law plays out.Â
#1 YOU HAVE PICKED A WRONG BONE TO CHEW WITH THE GOT. IN MMD GOVT TEARING SUCH A DOCUMENT WAS OK BECAUSE WORSE OFFENSES THAN THAT WERE COMMITTED. LAWLESSNESS IN MMD GOVT WAS ACCEPTABLE. LAWLESSNESS IN PF GOVT IS TOTALLY NOT ACCEPTABLE.
Dear Peter#8, I completely share your passion on need for law and order in our Country. I want the law to be applied in accordance with the law to everybody indiscriminately. My point is:- Â Just as it would be wrong to let proven corrupt people during MMD Govt go unpunished now, it would be wrong to let proven document destroyers during MMD Govt go unpunished now, unless we are applying double standards.
my friends love your country its all we have.
Dear Truth#7, Your lack of capacity to engage and debate in a rational manner on an issue without degenerating into childish name calling speaks volumes about you. What you have vainly stated is your personal opinion and clearly you are a bit in over your head on this issue and do not know how the law plays out…Â
These are POLITICAL PRISONERS!! The Zambian government is carrying out human rights transgressions in broad daylight. Why should these galant men be denied bail for a baseless offence like this.Such persecutions are sowing seeds of hatred and justifiying the cause. You can not force people to belong to a country they don’t want to, PERIOD. Afterall Zambia itself was born from an agreement between willing parties and so this agreement can be nullfied and parties revert to their original positions if parties are not happy with the outcomes. Abuse of people’s rights should be rejected by all civilized persons. Genuine dialogue is the only way to resolve this problem.
Ulichipuba
Which political prisoners? These are thugs and violence pepetrators . They want to bring the whole nation on fire for nothing. if they dont agree with the constitution, why tear it? Let us not confuse thuggery behaviour with that of political behaviour.
Dear Peter#8, I completely share your passion on need for law and order in our Country. I want the law to be applied in accordance with the law to everybody indiscriminately. My point is:- Â Just as it would be wrong to let proven corrupt people during MMD Govt go unpunished now, it would be wrong to let proven document destroyers during MMD Govt go unpunished now, unless we are applying double standards….
Dear Brabus,Â
It will not help you to continue living in denial man. The fact is that the MMD government were ruling and never thought it wrong for who ever you are alleging to have torn the constitution documents. They new what they were doing in many fraudulent application of the law as you know. So go and ask them why they did not arrest that person. So don’t think if you misbehaved in the MMD government even in this new epoch you are going to do the same, No man. You will face the law as your friends are now. No one is above the law of Zambia.Â
As you well know, written Laws of Zambia do not automatically change with the change of Govt. Therefore it would be totally wrong to let proven document (property) destroyers during MMD Govt as well as during PF Govt go unpunished now, just as it would be wrong to let proven corrupt people and thieves during MMD Govt as well as during PF Govt go unpunished now, unless we are applying double standards. Period. Now, whats this living in denial you are talking about? What denial?Â
Comparison won’t help here. In MMD people stole and they practiced corruption. They got away withit. Not this time. So if someone tore the constitution under MMD and was let scotfree, that was the practice and norms under L Banda’s MMD. Today is a totally different date and a different case. today we are dealing with separationists which was not the case under MMD. So the case is a serious one indeed. You are just reaping what you planted. Don’t even blame any one for your stupid actions.
Wonders will not end.The lozi freedom fighters want to live in 1 star hotel while in remand prison.
Suffer the product of your actions.I wonder if tearing a government document is human.That is my money You villager tore in pieces,If you cant control your anger the police will help you by caging you like that.
They are opposing “political” activists who are against the Republic of Zambia. They will not say anything positive, even if they were detained at the Intercontinental Hotel is Lusaka.
OR
They are speaking the truth, whatever they are politically, and who will listen?
As you well know, written Laws of Zambia do not automatically change with the change of Govt. Therefore it would be totally wrong to let proven document (property) destroyers during MMD Govt as well as during PF Govt go unpunished now, just as it would be wrong to let proven corrupt people and thieves during MMD Govt as well as during PF Govt go unpunished now, unless we are applying double standards. Period. Now, whats this living in denial you are talking about? What denial?..Â
Just read what the rest have told you!!
Kibinda, I have read, and to my dismay they are saying its okay to apply double standards, and I am saying its NOT okay. The law must be applied indiscriminately to all of us. Whats your take?
You look but you cannot see, you hear but you cannot nderstand, you read but you cannot comprehend. I think your prejudice is clouding your judgement. Let the issue rest. As much as people are going to give alternative views, you seem to be fixated on your shallow and rigid point of view that PF is equal to the police. And the the police work under the directive of PF.However, you think the police did not work under the directive of MMD. And when people tell that that MMD did not press charges you still do not want to listen unless they say PF is unfair. So I say to you with crossed fingers: PF is applying double standards. So are you pleased now that I said yes to please your foolish ego?
Dear Ed, what’s there not to see or understand? As you know, rule of law in a Country means the law is the benchmark, and people’s alternative views are welcome but are NOT the benchmark. Ask your Lawyer friends. I am beginning to think you are out of depth that’s why you are now resorting to profanity and ridicule.Â
why is this stipid magistrate defending the police,is he a police spokesperson.we know you magistrate is just a clown in the case.we catchup with you on a rebound.for now enjoy.as for the policeman wait.
yea now the time for the govrnment as come,so u guys die if u can cause we cant allow u to divid the country,is one zambia one nation
No one will die. but someone will be made o look foolish. Let the court sessions begin.
It’s better you die in prison all of you villager thugs!! Anyone wanting to divide this Zambia deserves nothing but a death sentence!
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