By Sean Tembo – PeP President
1. In the last ex curia settlement which is in the public domain, the State agreed to pay K500,000 to the parents of Vespers Shimuzhila for the wrongful death of their 24-year-old daughter. Vespers was a University of Zambia student who died due to suffocation when the Zambia Police tear-gassed the student hostels in an effort to quell a student protest at UNZA. Clearly, Vespers had a full bright life ahead of her and the State determined that that life was worth K500,000. No legal fees were reimbursed to Vespers family in the consent judgment with the State.
2. Fast forward to this day, the State enters into another ex-curia settlement with Mukuni’s wife, Action Sejani + 3 others. This is for their wrongful detention by the Zambia Police service, a couple of days in police cells. The State decides that those couple of days in police cells are worth a whooping K500,000 to each of the plaintiffs, which totals K2,500,000. In addition to that amount, the State further agrees to reimburse K400,000 in legal fees per plaintiff. This means that each plaintiff will walk away with K900,000 for a few days in police detention.
3. We are not against the idea of the State compensating those who might have been injured by the actions of its agents, no. That is perfectly fine. But we oppose the exaggerated amounts awarded to the plaintiffs in this out-of-court settlement. How can the amount the State pays for wrongful death be lower than the amount paid for wrongful detention?
4. We are especially concerned because it is a well-documented fact that Mukuni is a business partner and close ally of President Hakainde Hichilema. Ackson Sejani is a senior Government official and Chairman of the Local Government Service Commission. Therefore, the plaintiffs in this case are either Government officials or closely connected to Government. To us, these actions amount to pilferage of national resources through frivolous claims by individuals who are connected to Government. Besides, Mukuni’s wife, Ackson Sejani + the 3 others were NOT acquitted of their charges. The DPP merely entered a nolle proseque, meaning that their charges can be reinstated at any time. So why was the Attorney General’s Chambers in a hurry to reach an exaggerated out-of-court statement with plaintiffs who had not been acquitted by the State? Especially given the fact that senior officials of the AGs chambers are relations of Mukuni?
5. Given the clear conflict of interest between Mukuni’s wife + 4 others and the AGs Chambers, the state should have avoided reaching any out-of-court settlement. They should have allowed the matter to go to trial so that the court makes its independent pronouncement on both the verdict and the amount of compensation if any. Had the amount of K500,000 + K400,000 legal fees per plaintiff come from the court, we would not have complained. But since it came from conflicted and compromised AGs chambers and the plaintiffs, that is why we are complaining.
6. Every well-meaning citizen should be concerned with this apparent looting of national resources. This is not a political issue. It is an accountability issue. It is not about Sean Tembo making noise. It is about the UPND administration demonstrating that they are prudently utilizing taxpayers’ money. That they are not illegally sharing taxpayers money among themselves and their sympathizers through frivolous consent judgments reached between a compromised and conflicted Attorney General’s Chambers and UPND sympathizers.
My concern is that since the case is still open and in the case that a new government decides to restart this case (a precedent of resurrecting old cases has been set), will Sejani+3 be asked to return this money? When the nolle was entered everyone here thought the State was playing it safe in case the accused decided to sue for wrongful detention. But alas here it is.
If government contracts a person to do a job, and the amount of money is pegged at a certain price and both parties agree that the job or contract can be done and payments will follow, then where is the issue of inflated prices here. Let the government pay, government money is everyone’s money, its not an individual’s money. Why didn’t you Sean, Zero talk when those people were being arrested, when their rights were being violated. Why do you have to talk now when they have to be compensated for wrongful detention, and are you a lawyer to talk about all that stuff of nolle, what, what, your analysis is biased and very much anti government and therefore we reject it as trash.
ST……….
You should have been questioning and condemning the false accusations and illigal detentions by lungu regime of any one deemed opposition…………
Infact if you are so concerned with accountability , why don’t you call for those responsible for those illegal detentions to be held accountable for the hudge funds GRZ is set to lose in compensations.. ?????
What is difficult with having a party, can you start mobilizing something, start with your family, convince them, then go to the ngwerere community and start building some thing from there, this path you have taken of just being a political commentator will result in the same August 12 result, of being defeated even by rejected ballots
Moonga sorted out this guy in Cairo raod, he is commenting on compensation he does not even understand, instead of claiming money of assault from PF members, he is as usual because of idleness just sending these articles, have atleast a section chairman some where, you cannot continue sitting on the shelf, even products on shelves for a long time expire
Apologies Sean, I have now read your article in full, and I had earlier ‘bashed’ you but you are very right, how can a death have same compensation as a detention
How does he know these are exaggerated amounts, pretending to be wiser than everybody
#1Â Â Deja Vu
 February 24, 2022 At 9:36 am
“My concern is that since the case is still open and in the case that a new government decides to restart this case (a preceden…….”
Deja Vu ……….
There is no case here , even a grade 7 can see that………..
Such were the abuses by the police and judiciary under that corrupt moron lungu that zambia is set to payout millions…….
Detentions like of those youth caught with vasailn and accused of burning markets while all along kapoyongo was behind the fires to justify 42/42 , will also need to be compensated………..
It reminds of the case of Rodger Chongwe. It shouldn’t comfort those that will receive the money because it’s likely that the case might be revisited
#7 Spaka… I see the problem is that whatever happens under the Upnd is okay with you. THE CASE CAN COME UP AGAIN IN CASE A NEW GOVERNMENT DECIDED TO. The case being there or not is not for me to say, but in our politics it will depend on who’s in Government. Example is the Solwezi murders have gone quiet….why? Simple the accused are on the right side of the political divide.
Feasting with both hands, UPND have not time for Zambians. Bloggers are guiding us where to put the blame thinking we are children, soon, the bloggers will define corruption for us. Zambians put on spectacles for you to see clearly who is HH .
Sean Tembo you are insensitive and don’t mean well for Zambia. Don’t even dare bring the name of govt and AG’s chambers in disrepute. You were as quiet as a zombie when Nawakwi made the Hatembos nomads. I actually expected you to call for the arrest of Nawakwi or ask govt to make Nawakwi and the gang pay for this expenditure that could have used for other well meaning ventures.
Deja vu……….
Do you think there was a case of kidnapping, according to nawakwi ?
What will happen if one day evidence comes that some if these being awarded were guilty of that offense? Better if they were squitted. With this precedence I can see us compensating a lot of people after being acquitted from current ACC arrests. Even under nolle people will now claim compensation as per precedence being set. Sorry Zambia!
#12 Spaka… it’s not for me to say whether there was a case or not. Technicality here is very simple to understand…. never in my simple understanding have I witnessed a situation where nolle has been entered but the accused gets rewarded rewarded. These people were not discharged….in most cases rearrests have been effected. And why didn’t the government just effect a discharge instead of acting like a monkey that can’t extract it’s hand from bottle by simply letting go of the nuts it wants to get out of the bottle.
A bit of a farce really. The Chief’s wife does not need money from public funds! In fact, as a noble woman – if I were her, I would donate the money to the local hospital or any deserving charity. That will send a clear message, the elites are not here to take every little from an already struggling economy.
#plant a tree please!
GRZ flexing a muscle now.
# 14 Deja Vu I salute you .
#14Â Â Deja VuÂ
February 24, 2022 At 1:06 pm
“#12 Spaka… it’s not for me to say whether there was a case or not. Technicality here is very simple to understand….”
I think this is a case of time waisting……..
It’s like Sean tembos petitioning of the kabwata by-election……….
No one will talke that serious………even going through the motions is a waste of time…….
I’m non partisan but I just have one question. Does UPND cadres or zealots see nothing wrong in whatever mistakes this government is making or you are just blinded by hatred of anyone being objective and consider them PF?
Spaka, you are not making sense.
What Sean Tembo is presenting is so plainly visible I wonder how anyone can argue against him. The compensation figures dont seem to have any formula. Death should certainly attract more compensation than illegal detention but Zambian courts as usual like working for the ruling government. We need courageous Malawian judges in Zambia not these corrupted judges who are paid to dance to a tune sung by the piper..
#19 Facts. He never makes sense most of the time. A straight foward thing which even Nakachinda can understand, Spaka wants to create sparks.
But sean you sho uld have been this vocal when they were being wrongfully detained,though i agree with you,the compensation amounts are too exorbitant, for christs sake we can build 200+ health/police posts with whole total amount.