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MMD provides evidence of the Police Notifications of the teargassed meeting in Eastern Province

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Inspector General of Police Kakoma Kanganja taking Oath during the swearing -in-Ceremony
Inspector General of Police Kakoma Kanganja taking Oath during the swearing -in-Ceremony

Movement for Multi-Party President Nevers Mumba has described the new new Police Commissioner Mr Kakoma Kanganja as a disgrace for giving false information to the nation that MMD never notified the Police about their meeting in Eastern Province.

In a statement released to the media with proof of the notifications, the MMD leader said that the act by the Police was dangerous, reckless, uncalled for and could have led to loss of life and the new Inspector general should have immediately acted to suspend the officers who did this, pending a disciplinary hearing.

Below is the full statement and the evidence of the notifications.

KANGANJA IS A DISGRACE – NEVERS MUMBA

Fellow Zambians, I want to speak to you about a cowardly and barbaric act against the Movement for Multiparty Democracy by some Zambia Police officers on Friday 18th December 2015 in Lundazi in Eastern Province. That date shall go down in Zambian history as a dark day when our democratic freedoms were eroded to an alarming degree.

We have taken a bit of time to react fully because we wanted to give time to the Police and in particular the President to react first, so that we know where they stand. But first some background.

Last week as I was addressing our party members during a peaceful indoor meeting in Lundazi, an overzealous Police officer, obviously acting on instructions from above, threw a teargas canister into our meeting and disrupted it. Every police officer knows that teargas should only be used when there is public disorder but there was no disorder or even threat of disorder.

This act by the Police was dangerous, reckless, uncalled for and could have led to loss of life. I wish to condemn the act in the strongest possible terms because it is unacceptable and belongs to the stone age. Did the Policemen think about the fact that there were women and children in that meeting? Did they think about the possibility that there could have been an asthmatic person in the meeting who could have been killed by the teargas?

We had also expected that the new Police Commissioner Mr Kakoma Kanganja would immediately act to suspend the officers who did this, pending a disciplinary hearing. Since he has not, we can safely conclude that everything that happened was done with his approval if not instruction.

We had also expected Mr Kanganja to apologize to the women and children who were teargassed but he has displayed extreme arrogance by claiming that the Police acted within the law since we supposedly did not inform the Police of our meeting in advance. This is a total lie because we did inform the Police in the entire Eastern Province a full ten days before we arrived and even The Post Newspaper reported this fact.

Among Mr Kanganja’s first acts as Police Commissioner is to do things worse than his predecessor Stella Libongani when he is just a few weeks on the job. How can a highly esteemed man like him can give false information to the nation that we never notified the Police? And even if we did not notify the Police, it does not justify the teargassing of innocent peaceful people. Mr Kanganja is a disgrace to the uniform he wears and to the Police service.

What made this teargassing incident even more outrageous is that the Police officers involved illegally attempted to stop our meeting, they proceeded to arrest my assistants Mr Clement Siame and Mr Friday Chipasha and made them appear in court the same day. It seems justice is very swift for the opposition but very slow when the ruling party is involved.

We shall however not take this lying down and we are commencing legal action against the Police officers who threw teargas at the people. For too long, we and other opposition parties have let such incidents slide and turned the other cheek, but now we are going to take on the Police so that they know that they cannot continue harassing us anyhow. I have already met with our lawyers and instructed them on what to do.

We expected the Republican President Mr Edgar Lungu to publicly apologize to the people who were teargassed and to all Zambians in order for us to believe that he is serious when he tells the Police to be professional. He has remained mute and we can also conclude that the teargassing happened with his approval, if not direct instruction.

All we have seen from the President this far are empty pronouncements while people are being harassed and teargassed and forced to hold meetings in the bush as we did in Mambwe District. We had Police in full riot gear all over Mambwe as if they were hunting the Mailoni brothers.

Fellow Zambians, we are alive to the fact that the vast majority of police officers in Zambia are simply acting on instructions from above which they know are wrong. They have families to feed and it is difficult for them to disobey their superiors lest they get fired. We really feel sorry for them being used in this sort towards the opposition. They are like a gun in the hands of an evil person. You cannot blame the gun but the one who fires it. The Police are victims of bad leadership and bad laws such as the infamous Public Order Act.

As the new MMD, we shall put a stop to Police harassment of opposition political parties and shall be a tolerant regime. We shall restore to our citizens all their fundamental rights and freedoms, which were procured at a high cost by those men and women that died in the struggle for independence. We will deliver real change to Zambian politics.

Nevers Sekwila Mumba
MMD President

POLICE NOTICES

NOTE: The official form for Police notification below contains Part B which references section 5(4) of the Public Order Act and yet this section was struck down in a 1995 Supreme Court Judgment (Christine Mulundika And 7 Others Vs The People) as follows: “… we hold that subsection 4 of section 5 the Public Order Act, CAP 104, contravenes Articles 20 and 21 of the constitution and is null and void, and therefore invalid for unconstitutionality”.

Notification-Letter1

Notification-Letter2

Notification-Letter3

Notification-Letter4

Notification-Letter5

55 COMMENTS

  1. Soooo for those id..iots who think the constitution is just 50 +1 we need laws to ensure that the Police chief is NOT appointed by the President..as is the case all our police chiefs dance to the tune of the ruling political party and do not behave professionally. May the officer who threw that cansiter face the FULL WRATH of the LAW…May his superiors also enjoy the same fate…It’s time Zambia became a democracy.It’s disappointing the President Lungu condones this police brutality.

    • Nevers in your litigation, make sure you go for the individual officers first, then their superiors including Kanganja and then add then Attorney General. Like somebody said, Fred Membe is very smart by using the courts to survive. What about the rest of you the opposition? You are just crying in the media….!! Come on, sue the embeciles starting at individual level, then in their official capacities.

    • This is how RB and MMD lost power. They let William Banda and his Gang terrorise Lusaka to the point, it seems William Banda had so much power than the police.

      William could do anything he wanted, and Plot 1, just kept quiet.

      Edgar must reflect on this matter and condemn it. He must summon the Police SG to follow the Law.

      We don’t these draconian conducts from the police.

      Lungu practice what you are preaching, before the same forces visit you one day.

    • Imwe. ZOONA pa Zed we are not serious. These notices were rejected by the police as the officers were busy with voter registration and NRC matters with the electrol commission. Some of you are supporting them not having read the whole document. How can MMD even attach rejected notices? Come on guys lets be serious for ones.

    • Imwe. ZOONA pa Zed we are not serious. These notices were rejected by the police as the officers were busy with voter registration and NRC matters with the electrol commission. Some of you are supporting them not having read the whole document. How can MMD even attach rejected notices? Come on guys lets be serious for ones.

      But suddenly there was a police officer to tear gas women and children … what a shame what a nation Black people cannot govern …it is a cursed lot

    • But your request was not granted ba mumba just read at the bottom of that paper written in ink. Permission not granted bwana. You deserved to be gassed.

    • HH Techilema read Sec5 (4) of POA , one does not need permission from the police. The law requires that you notify the police 7 days in advance only.

  2. Meanwhile no apology from the head of state to the MMD nor condemnation to those police officers who were on duty during that moment. Because he wasn’t notified too ka? Or maybe no one has reported to him telling him that Mr Mumba was under attack ka? Or maybe he hasn’t read or heard the news about this whole thing ka? I’m sad, am really sad guys!

  3. The IG should be moved to the judiciary, police IG needs to be appointed by the courts, please Zambians let this order of appointment be amended or else the same trend will continue if another president is elected & will try to revenge PF, when they become opposition LOL! But seriously IG & POA, these things need quick amendments. MMD, UPND or PF doesn’t matter, let’s take care of each other. Lives matter, political parties will come & go.

  4. First I have always stated, & still believe the Constitution is archaic, & The President has too much powers which need revising, & reduced, if we are have a nation that is truly a plural democracy.
    At present, these Presidential powers are abused, whereby sensitive appointments are made to suit the President, who goes on to appoint useless Cadres in these positions like the current Police Commissioner.
    How on earth is this Cadre going to be impartial, when all he looks at is serving his master & belly??
    The unfortunate truth is Zambian’s in the 21st century still believe this is normal, then wonder why Zambia is failing.
    Now Nevers, you had a chance to change this when you were in power, but believed you would rule forever. Stop bark1ng, & enjoy your fruits!!

  5. Lungu is an *****, he’s the one who’s sponsoring political violence. This stupid regime, of Kaponya’s and mental patients in the name of Lungu, Chama, Mumbi Phiri and all the hoodlums should be sent packing next year. Taking away our liberties. This stupid POA belongs in the stone age.

  6. Wait a minute. didnt UPND hold a christmas party for street kids uniterrupted by police? how did that happen? the answer is simple. UPND followed procedure. the same applies to MMD. just follow procedure and your meetings will go on

    • Munjali read the article above before you comment . MMD followed all the procedures evidence is there attached. What is it you don’t understand?

    • “I was the vice-president and I am the one who took that new change for notice for public meetings. We removed the permission aspect; so as we stand now, there is no need for that,” Brig Gen Miyanda recalled.

      Who needs further clarification? The flood gates opened a long time ago but short memory among Zambians and phobia of reading places us where we find ourselves giving fertile ground that our rights be trampled upon! What say the police now? It’s NOTIFICATION chapwa! Let the games begin!

  7. **** PERMISSION NOT GRANTED ****

    PERMISSION WAS SOUGHT BUT THE POLICE REPLIED, “THE MEETING COULD NOT GO AHEAD BECAUSE OF INSUFFICIENT MAN POWER AND I SUPPOSE BECAUSE OF SHORT NOTICE”.

    Are we reading the same gibberish?

    • The law does not require permission read sec 5(4) of the POA. It only states that the police need to be notified 7 days in advance. Insufficient manpower? where did the manpower to gears come from?Please think before you comment.

  8. There’s a different between requesting for a permit and being granted a permit. When you request you wait for a response before you act.
    Permission was requested but not Granted

    • The granting of permission is no longer a legal requirement because it is unconstitutional. Supreme court judgments are laws in themselves. so once the supreme court rules, it becomes law and every one including the police must follow the law.

  9. If police officers were not available, where did the ones who tear gassed those attending the meeting come from. This was an in door peaceful gathering. Why disrupt the meeting. All those notifications were rejected. When will people be able to meet with their party president? This is a crucial period for mobilization but you frantically refuse to grant them freedom to associate. Does this apply in developed countries pliz?

    • Him – You are such a moron, there is no peaceful assembly when permission is not granted. The emergency team will be there for you. What a moron you are – the Law is there, unfair as it may be, it is not the duty of the Police to change it you moron.

  10. Zambian’s illiteracy level is alarming!

    Is a police “PERMIT” same as an “APPLICATION OR REQUEST TO HOLD A MEETING?

  11. MUMBA IS THIS PUNCH FOR PUNCH WHICH U ANNOUNCED WHEN U WON MMD PRES? THE PROBLEM I HAVE SEEN IN U IS U HAVE ABANDONED GOD AND PUNISHMENT CAN FOLLOW ANYTIME EVEN A CHILD CAN STONE U LL SAY ITS PF. NOW LOOK AT THOSE PAPERS 7/12/15 TO HOLD THE MEETING WITHIN 10 DAYS MEANING 17/12/15 WAS THE LAST DAY AND U WERE NOT SUPPOSE TO MEET ON 18/12/15, U THOUGHT IT WAS NOT IMPORTANT HOW I WISH ~ FOLLOW THE LAW AND I THINK THOSE WERE JUST COOKED TO BE USED IN COURT TO DEFEND ARRESTED CHAPS. SOME CORRUPT COPS WITHIN THE SYSTEM GOT CASH FROM PASTOR MUMBA. CHECK THOSE COPIES IN YO LAB AND PICK THE ZP OFF. KINDLY JOIN PF TO BUILD THE NATION OR GO BACK TO THE PUPIT AS SINNERS ARE WAITING.

  12. Nevers is this not sinda district notification papers where u had another meeting. Stop cheating please lundazi and sinda are now separate districts. If u got from sida bcoz one officer knows u & thot u can use them in lundazi,stop challenging the police. too bad to innocent pipo next let it hit the law breakers. I like zp and support lungu for 2016

  13. analysing th permits the meeting was not granted and the dates are not talling….besides even the paper used doesnt look genuine to me……these are fake documents and dnt repeat this again bcoz ur also going to lose the party convertion…… nimwe ba attention seeker

  14. ITS TRUE THAT IS SINDA DISTRICT AND DATES ARE NOT TALLYING. POLICE GET THESE PAPERS AND INVESTIGATE ON THEM SOME CORRUPT COPS FLYING HIGH. KOLOPA BWANA IG

  15. @HH Techilema what you have failed to see is that the request you are referring to was written on 22/11/2015 while Nevers Mumba was teargassed on 18/11/2015

  16. Positions such as auditor general, police IG, judges, ECZ chairperson, ACC director, Zesco managing director should not be appointed by the President but by independent bodies! Dora Siliya has been appointed cabinet minister and she has serious cases before the courts of law. How is the judge who is appointed by the president going to pass that very important judgment without being partial! Presidents in Africa become big headed because of too much power!!

  17. Positions such as auditor general, police IG, judges, ECZ chairperson, ACC director, Zesco managing director should not be appointed by the President but by independent bodies! Dora Siliya has been appointed cabinet minister and she has serious cases before the courts of law. How is the judge who is appointed by the president going to pass that very important judgment without being partial! Presidents in Africa become big headed because of too much power.

  18. This Kakoma Kanganja was a Buyer at Home Affairs, Cabinete Office.
    Even his appointment smells a rat.
    If he is not careful, his days are numbered.
    He must have been getting huge junks of money from those Government Suppliers ( corruption) and passing part of it to his boss, the then Minister of Home Affairs. We know you. Be careful…. you will soon be a very worried man .

  19. It is written that meetings were not to take place because police lacked manpower. But where did the police officer come from who discharged tear gas if they did not have manpower? This is how dull these d.o.g.s get exposed with their lies.

    • Defense and Security do not operate like your house bwana Kanyama – all other duties are catered for and there is always an emergency team.

  20. Zambia the real Africa where suspected thieves and criminals with very serious pending cases in courts of law are appointed cabinet ministers and pardoned convicted criminals remain law makers and are appointed campaign managers of the president and wine and dine with the head of state! What jokers! Only in Zambia!!

  21. I do not understand these documents – the request was for Sinda but people were teargased in Lundazi, and permission not granted – am I correct??

  22. MMD, have you lost all your educated pipo? As some have stated the permits show rejected , wrong area, wrong dates. And with such lapses you are hoping to form GRZ, just stay in the bush where you have been having meeting. I wish the IG sues your MMD Bro.ke monkey as.s

    • No permit is required for a meeting. The police acted unprofessionally to regect the meetings because it’s not within their power (neither the POA or the constitution gives them that power). The POA does not say you need a permit and the constitution clearly says political parties have the freedom of assembly. They just need to be informed the police as a matter of information. Zambia is a democracy and no single entity has the right to deny anyone to freely assemble.

  23. Sec 5(4) of the POA states that ‘(4) Every person who intends to assemble or convene a public meeting, procession or demonstration shall give police at least seven days notice of that person’s intention to assemble or convene such a meeting, procession or demonstration.’ The same Act exempts the President and Vice and ministers and the Speakers of the National Assembly from giving notice.
    Notice that although the law states that notice should be given, it does not say ‘SHALL OBTAIN A PERMIT’ for the meeting to carry on! The REGULATING OFFICER’S role is clearly stated as:
    (a) regulating the extent to which music may be played on public roads and
    streets within his area on the occasion of festivities or ceremonies; or
    (b) directing the conduct of assemblies and processions in any…

    • D. Directing the assembly…… Is the catch in this Act that should be revealed. If you are giving direction it might imply that you control the holding of these assemblies. Consequently the issue of rejecting and approval comes into play. We need to change this law and things will be okay for us

  24. I am not supporting the police brutality, but pleas MMD you can do better, apart from wrong dates, wrong location and the permits clearly showing rejected, that ka application seems to have been written by a love stricken teenage girl who is trying to discover her best handwriting. Also the paper is from a primary school book. You mean the whole MMD can not use a printer??. and this is a major political party showing such mediocracy.

  25. Reading through Nevers Mumba’s script above and the so-called evidence provided one can’t help but feel sorry for this man. The dates are clearly jumbled up. The man doesn’t seem to know Lunndazi from Sinda or Petauke. He was once a Republican Vice President who did nothing about the POA which he now seems to hate so much. Is it any wonder that this man failed at Unza and was sacked as are Republican Vice President?

    • Muana, these are just a sample of all the notifications. Some of the applications as can be seen in the pictures above were made in November, so what do you mean that the dates are jumbled up?

  26. There was no need for the Police to tear gas these people. The people were very peaceful and their president was just preaching politics to them. The Police came in to the building with full force to disrupt the meeting. Some of you debating did not see the clip. Then overzealous cops started firing tear gases inside the building. This cannot be justified and should not be accepted by any peace loving Zambian. It was barbaric on the Police. The Police should have thought of other means…There is saying which says two wrongs do not make a right. MMD blundered and the Police should handled the whole matter professionally.

  27. Where is the notification for the Lundazi meeting, which is supposed to be the evidence? What is given here is irrelevant to the Lundazi incident. Sinda, Nyimba and Petauke are not Lundazi. Give us the Lundazi notification silly twerps!

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