Director of Public Prosecution (DPP) Mutembo Nchito says there is no law that mandates Police to arrest people found loitering at night.
Mr. Nchito says the police were overstepping their authority by arresting and charging people who move at night as there is no law in the Constitution which gives them powers to do so.
Mr Nchito who is a Commissioner on the Legal and Justice Sector Reforms Commission has noted that some people work late in the night hence the need to allow them to move freely unless they are found in a situation suggesting that they are contemplating to commit criminal activities that is when they could be arrested.
The Commission yesterday sat in Lusaka’s Garden compound to receive petitions from residents.
And Chairperson of the Legal and Justice Sector Reforms Commission Chairperson Frederick Chomba observed that much as the police could be seen as abusing their authority by arresting people for loitering at night, they protect citizens from criminals with evil intentions.
Justice Chomba noted that it was difficult to distinguish criminals from genuine people at night which he said has led to some people being arrested wrongly for loitering.
He observed that the laws against loitering existed during colonial days when citizens were required to move with passes at night which he said no longer exists in an independent Zambia.
He said the country should however not perpetuate colonial laws in an independent Zambia hence the need to allow citizens the right to freedom of movement.
The comments by Justice Chomba and Mr Nchito were prompted by a petitioner Rabson Nsoni of Garden compound who complained of continued police arrests of people found loitering at night.
Mr. Msoni claimed that police in Garden compound were using ‘’Shishita’ as a fundraising venture as they do not even issue receipts when offenders pay admission of guilt fines before being released.
He further claimed that police officers position themselves outside drinking places especially during soccer seasons to arrest people that move from bars to home after the night games or drinking.
He noted that it was unfair for the police to arrest people on the pretext of offering protection from criminals when in fact they lock up innocent people arrested for loitering together with criminals where they are ill-treated.
Garden police station was recently burnt down by angry residents after it was discovered that a boy who was arrested for loitering was found dead in the police cells.
I agree with Nchito on this one, police should not just arbitrarily arrest someone by the mere fact that they are loitering at night but use they’re training to querry and investigate each person as there in curfew anywhere in Zambia. Thats why the just fine then at the cop shop or demand sex from the girls as the case can never go courts…
Scrap these colonial laws. Why should we have curfews in an independent country?
some police do not understand charges or know offenses he arrest you reaching at police station is look for offense to give you. went to Emasdale police station in Lusaka asking for my brother who was complicated vehicles’ payment misunderstanding the police said answered go and check to the mortuary and this policeman was very drunk on duty
what are you trying to say?
What are you saying iwe kanshi?
And he probably wonders why he can’t get a job!
It was just past midnight when I was walking from a private car park located on Mtendere side opposite a private clinic (now closed) on the PHI side. I was walking along the road towards PHI Corner from which 3 houses away in PHI was my house. I had taken family friends to their nephew’s wedding in Makeni upon their request. I had no alcohol in me since I do not drink just as the elderly couple I had dropped off in Helen Kaunda. Two policemen confronted me and arrested me for loitering and we were on our way to Ben Mwwinga Police Station. I tried to explain and even showed them a piece of ornamental cake as evidence that I indeed was coming from a wedding to no avail. I was saved from sleeping in cells by the junior officer who pleaded with the “bwana” in regular uniform to let me go…
The senior officer got incensed when I suggested that instead of taking me to the cells for “your protection since you are claiming that you will harm no one” they could come with me to my house since it was less than 200 metres away from where we were. Out of his ignorance of the law he said “only VIPs are escorted to their homes. Are you a VIP?” he asked. I told him that the police were there to protect both VIP and ordinary citizens. He laughed sarcastically and said, ” let us just go to the cells, you are wasting our time”. I said said I would but I would like to know his name and service number so that I could complain to the Officer in Charge the following day. ……….
It was at this point that the paramilitary junior officer said, “bwana, i think balekeni chabe ba mudala baende since nyumba yabo ili pa fupi”. The senior officer said, “ba leta ma politics kabili. Ba ziona kwati ba ziba law ku cila police”. I told him that being a senior govt official I fully appreciated his role but in this case he really was being unfair to me. Then he said, “ok, it appears you are good at talking. Let us go to the cells so that you see the Officer in Charge tomorrow”. I felt anger and frustration and I said. “Ok let us go but I need your names and service numbers. It was at this point that the junior office armed with an AK47 rifle pleaded on my behalf. After a tirade from the senior officer i was told to go but no escort for me. I think he wanted a bribe.
Somebody needs to seriously look at what sort of training goes on at Lilayi. I think the caliber of cops being produced leaves much to be desired.
Policemen in the city do stop and ask for papers in their efforts to arrest crime. How else can crime be prevented? Going for a walk in the middle of the dark does not inspire confidence. Policing is a different game from courtroom justice.
Come on doc, surely feeling that it’s safe enough to go for a walk in the middle of the night ACTUALLY inspires confidence.
That is crookedness on the part of police we need very much law and order
Okay, when you knock off from work at night, from a bar or even from your girlfriend after she told you that she need money for rentals. we can understand. surely, walking from Mtendere to chelston at 02hrs
There is no law that forbids citizens to walk in the night! Like inept DPP has put it already.
In 1996 I was picked by police in Chipata compound. They found me going home which was just 50m away. I told showed them where I was going but they insisted I join the queue with other “offenders”. As we were walking in the direction of Kabanana, I reminded one senior officer about his service role of escorting me to my home and enquire whether I really belonged there. He refused and insisted I would sleep in the cells. I told him I had no problem with that but assured him that we would square it off in the court of law for wrongful detention. After a walk, the “boss” called me aside and asked; “How much do you have?” I told him I would have booked a cab if I had money which annoyed the cop and stressed that I would sleep in the cells. I sad I would but we would meet in court.
After a long walk, the “boss” calls me aside and say, ” Bwelela, ukamba maningi.” I refused saying “I cant walk alone because I might be attacked”. He insisted bwelela chabe no one will attack you and that’s how I was sent back. The other “Offenders” were taken and probably slept in the cells out of ignorance.
Shishita is when you have no direction or destination I believe.