Four members of the public, in their capacity as citizens, have petitioned the Human Rights Commission over inhuman treatment of two girls who were suspected of shoplifting in Jet Stores. The two girls were painted in yellow paint and displayed in public.
Below is the full Petition
THE COMMISSIONER
HUMAN RIGHTS COMMISSION
LUSAKA – ZAMBIA
22nd March, 2016.
PETITION TO THE HUMAN RIGHTS COMMISSION AGAINST JETS STORES FOR VIOLATIONS OF HUMAN RIGHTS AND ABROGATION OF PART THREE OF THE CONSTITUTION OF ZAMBIA
WE THE PETITIONER:
Mr. Celestin Rocky Mukandila
Mr. Albert Lazarus Banda
Mr. Katimba Chisenga
Mr. Chilekwa Lungu
BEING Zambian Citizens and Law abiding citizens, having a responsibility under Article 43(3)(2)(a) of The Constitution of Zambia (Amendment Act No. 2 of 2016) to promote the ideals and objectives of the constitution of Zambia, DO HEREBY, petition and challenge the Human Rights Commission to take to task the management of Jets Stores for having violated the provisions of the Zambian Constitution on the “PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL” under PART THREE of the 1996 Constitution.
The pictures circulating on Social Media showing two ladies suspected of having shoplifted from Jets Stores between 20th March, 2016 and 22nd March, 2016 and being painted with yellow paint by the Jets Stores management should be condemned by the Commission at all cost for it is a violation of Human Rights and the Bill of rights of the Zambian Constitution.
The following articles of Part Three where abrogated:
Art 15. A person shall not be subjected to torture, or to inhuman or degrading punishment or other like treatment.
Art 18(2) Every person who is charged with a criminal offence-
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
HOWEVER, The Human Rights Commission which is a creation of Art 230(1) of the Constitution of Zambia (Amendment No. 2 of 2016) is tasked with the following responsibility under the foregoing constitution:
Art 230(2) The Human Rights Commission shall ensure that the Bill of Rights is upheld and protected.
Art 230(b) take necessary steps to secure appropriate redress where rights and freedoms are violated;
FURTHERMORE, we wish to challenge the Commission to ensure that there is total protection of the Fundamental Rights and Freedoms of the Individual by pursuing the violations at hand and ensure that no such violations are condoned.
Thanking you in anticipation.
Yours truly,
Mr. Celestin Rocky Mambula Mukandila_Esq
(FOR THE PETITIONER)Â
Thank you guys for standing in the Gap!
i applaud you fellow citizens. fwebambi twapelelafye muku typer pa internet, but yours is a standup citizen who does. Please continue in this same spirit. We even have a face of one of the culprits. that overly excited boy putting his hands around the girls. he is the same dude in the picture above painting the girl as she lies on the floor.
What the ladies did was wrong but the people that poured/sprayed paint on them are more wicked and should be punished. We all know stealing is wrong but for goodness’ sake, those are women. Go after real criminals on the streets and in Government and not those defenseless women who didnt even have a toothpick with which to defend themselves. You have already violated their rights now release them and compensate them. Jet Store Managers should be fined for taking the law in their own hands.
So stealing in ok but tarring is wrong? Crime is Crime, whichever side of the coin. These girls should not be stealing, thankfully it was only paint the got which will wash off and I bet you they will never steal again!
You guys are responsible and patriotic citizens of the country.
I take my hat off and salute you
As a Bonafide citizen of this great nation ! .. I am immediately instructing the police to go and immediately arrest those thugs of Jet Employers and Employees.
This is a morden world even muderers are given better and dignified treatment in the morden world and surely speaking this nation has moved on we are not in the 1700’s !!! PLEASE LET THE LAW GET THOSE CULPRITS AND JET MANAGEMENT AS WELL TO FACE THE LAW
IT IS INHUMAN AND AGAINST A BASIC HUMAN RIGHT to treat our ladies like that. !!!!
@Nubian Princess: If they are lucky to be painted with Dulux paint which is quite toxic, what do you advocate should have happened to them? Maybe you want them to be stripped and sexually molested as it happens in South Africa? Zambia has laws and rule of law should be followed. The painting of these women is a crime! A mature and civilised society will let the judiciary handle such things.
@Nubian Princess your thoughts stinks.
What is so painful is that Zambians did this to young Zambian women. Sad! Sad! Too much Muzungu wanga in Lusaka.
So where have these same individuals been when Rupiah’s Immunity was being lifted? Are we supposed to genuinely believe that they are channelling their energies in the right direction specially that Rupiah`s known theft denied the country of the much needed income which would have gone towards purchasing of life saving drugs.
Those girls are thieves period. And they got what they deserved. Very surprising that bloggers are supporting criminality.
This can`t be happening in Zambia. Where is government? Where are the women activists? Zambians should boycott that shop.
Is this what the human rights commission has been reduced to, nothing buy oil paint, Zambians let’s be serious, honestly this is stupidity how many people are being maimed, stripped naked, yesterday i saw a gruesome picture of a pf female cader maimed by fellow pf caders over chibuku, and these *****s want to talk about oil paint, styopet ma fakaz.
@Nubiam Princes is a terrible individual nothing good comes out her mouth, for a woman it’s very sad.
@Nubiam Princes is a terrible individual nothing good comes out of her mouth, for a woman it’s very sad.
Zambia the Christian Nation (whatever that means) full of hyprocrites…in the UK, a simple Store guard is not allowed to even search the shoplifter until the police arrive…these girls can easily sue..please let someone represent these girls.
Wake up from silliness!!
OH!!! SO, THIS KK-UNIP AND THE PARTY AND ITS GOVERNMENT STILL CONTINUES UP-TO-DATE? THIS IS WHAT USED TO HAPPEN, MU KAUNDA, TO THOSE WHO WERE SUSPECTED OF SHOP-LIFTING MU ZCBC, OK ZAMBIA AND MWAISENI SUPERMARKETS. VICTIMS STAYED FOR WEEKS BEFORE THE (OIL) PAINT COULD DISAPPEAR FROM THEIR BODIES. IN FACT MOST OF THEM IT WAS DIRECT TO THEIR BODIES. I WAS READING A STORY ABOUT A TESCO SHOP-LIFTER WHO WAS CAUGHT RED HANDED BUT INSTEAD OF CALLING THE POLICE ON HIM, THE MANAGER DECIDED TO EMPLOY HIM AFTER HEARING THE STORY THAT HE WAS STEALING FOOD FOR HIS STARVING CHILDREN. THAT WAS IN SOUTH KOREA.
Good move by Citizens, i support.. That was surely sad that people can be treated in such a manner. Even those painting the girls they may be stealing from the company themselves and just because they have not been caught does not mean they are innocent..
its a right move, even though the majority of the public does not seem to sympathize with them.
THIS IS A WRONG WAY OF TREATING HUMAN BEINGS THEY WERE SUPPOSED TO HAVE REPORTED THEM TO THE POLICE THEN THE COURT LAW HAVE BEEN THE ONES TO HANDLE THE CASE
Jets management is only sending a message that they are the law themselves and do not need to follow the Zambian legal systems! If I were Zambia Police and since all is in public domain I would have moved in to investigate and/or make arrests at Jets for criminal act.
THIS IS VERY INHUMAN AND THAT ID.I.O.T LAUGHING BEHIND THINKS THIS IS A JOKE. OUR ZAMBIAN WOMEN SHOULD PROTEST THIS BARBARIC BEHAVIOR BY NOT SHOPPING FROM JET STORES. WHAT WAS WRONG WITH JUST ARRESTING THEM AND TAKE THEM TO COURT?
Think critically, they store.,the court would have jailed them say for two years or be painted and left alone…
I think this was fair to deter the would be offenders… Iam sure the petitioners should have a relationship with the girls… I ALSO PETITION THE PETITIONERS TO OPEN SHOPS AND LET PEOPLE SHOPLIFT WITHOUT ANY ACTION…
@ Humprey, Are you also forgeting that they are setting a bad precedent of punishing suspected criminals even if they are not found guilty? Next you will hear people being burnt or arms being chopped off. It all starts with such small issues. Better they face the law and go to prison if need be.
I hope you do realise that this is taking the law into your own hands. Whilst the Girls are accused of stealing the courts are the onlyvones mandated to mute out punishment.
Little wondervour country has disintegrated into this chaotic situation where people want to beat, strip, or paint others.
Its this stupid thinking of yours!
@Humphrey, get out of here you moron..!
That is primitive thinking! If anything, those overzealous employees should be fired. Does Jet treat shoplifters this way in South Africa? Certainly not. It can only happen in primitive countries north of the Zambezi river. Kudos to all those who have petitioned the Human Rights Commission.
Waste of space
THE POLICE SHOULD QUICKLY MOVE IN AND ARREST THOSE EMPLOYEES. WE CAN NOT ALLOW PEOPLE BREAKING OUR LAWS LIKE THIS. THESE ARE THE SAME KILLERS WHO AXE PEOPLE WITH PANGAS AT NIGHT. THE LADIES COMMITTED AN OFFICE BUT THEY WHERE NOT VIOLENT TO DESERVE SUCH KIND OF TREATMENT. THESE SAME EMPLOYEES ARE FORGETTING THAT THEY ALSO COMIT SIMILAR OFFENCES BY STEALING FROM THE SAME SHOPS.
The police are the only ones mandated to deal with suspects of crime and no any other person. This paint could cause health problems on the two girls. This should not be entertained.
You are absolutely SPOT ON!!
if i happened to have been in this situation i would make sure i sue them for this and the unhealthy paint they contaminated me with. 1million dollars with interest
The treatment of the girls is wrong. What they did is wrong and is the result of the poverty that PF with its lies (of more money in your pockets and mismanagement of economy) has subjected Zambians to.
You started well but ended like one infamous moron who continually spews the ‘PF-this-and-that’ blame game all over these boards..!
How myopic..!
Much as we don not support such type of inhuman treatment, the petitioners could have also issued such a strong statement to the Human Rights Commission regarding the young lady who was striped naked by the PF cadres during the Youth day celebration. Hypocrites, deceivers and a group of men seeking attention. Just see how the PF police will quickly swing into action to arrest the security guard and the owner of the shop. We may even get an official statement from the Ministry of Gender. Blablabla! nonsense. The causes of crime are complex and may include poverty. These are ZNBC workers who are always praising the PF government on TV and radio and yet cant even afford to buy a simple pant and a bra. Just imagine stealing underwear in Jet stores ladies consider Foschini, Truworth or…
@Kileshe, YOU should have DONE it for the stripped girl as you feel very strongly about it (I do as well). THEY (petitioners) have DONE it for the painted girls. It is not their duty to petition for everyone else. Who is the hypocrite here?
Fact that the girl (allegedly) works for ZNBC does not make her pro-PF.
You seem to be biased and have already turned this into a PF versus the Rest battle..!
Get out of here..!
I have petition the HRC and Jet store South Africa have also confirmed receiving my petition and they are paying urgent attention and another South Africa friend living in UK have done the similar petition. Please we need to identify the young man anyone with information my Facebook page is Mubela Jackson Mwika. Thanks.
Don’t be a deceiver and continue to exhibit double standards. Have you identified those PF cadres who striped naked a UPND lady on Youth Day? Address the real issues that led those poor Civil servants (ZNBC workers) to steal cheap underwear in Jet Stores. If a lady can not afford to buy a pant then it should ring into your mind that things a not good in the country.
Excellent Jackson. Thank you. We shall find out the identity of that man today.
good i am also petitioning them just now.
Well done. Good steps for us all to follow.
Yes, especially @Kileshe above who seems comfortable resting on his laurels canoodling his nuts and doing NOTHING but still expecting everyone else to do his dirty jobs.
Armchair critic he is..!
I hadn’t read the comments. I was just supremely impressed how pro active the quartet were. I saw the images online earlier on social media. Unlike the stripped young lady, there was zero police presence and instant justice doled out like rowdy cadres, should not be the policy of a foreign business trading in Zambia.
Darn. I feel like an arm chair critic too LOL. Thanks quartet, for shaming us all for canoodling nuts instead of acting.
Look at these thieving shameless women. They truly look sheepish and yet are wolves. They should have whipped you also 20 times to deter other would be thieves. This country of thieves, no wonder everybody blogging here is sympathetic because stealing has become a noble carrier in Zambia.
You smelly b1tch, voesek go and bath
“Homo Heidelbergensis Dna – The study of Zemuntu Resurrection”. Silly insults from another thief and will not take your fo.olish insults lightly. Common thief like these painted criminals. A case of Birds of a farther flying together. swine iwe shame on you.
A female shoplifter in Zimbabwe was beaten with a hammer and belts by four security guards. Zambians did the right thing to paint those theives instead of beatings.
SINKAMBA WISDOM – That is Pf way of doing things. You undressed the lady on youth day, No petition and no arrest. we demand police to arrest the store management, we also demand the police to arrest the pf cadres who undressed the lady on youth day and all PF cadres to be arrested who assorted the UPND cadres on youth day, Police to arrest pf cadres who invaded Ndola International aiport
DO it in practice and formally, do not just yap on here! The four gentlemen have shown you how…
Keep it up with the good work you have started.
Our cadres should use this method instead of panga’s and axes. PF can use green paint, UPND red, DF orange, MMD blue. Muliokela can just use water.
This bullshiit store should be taken to task, foreigners using zambian to mistreat zambians, in this era. These id!ots must be taken to court. The need to be dealt with to serve as a deterent to the others mafiaz
Unfortunately, many abuses of citizens which the human rights commission has complained about have gone unheeded by the authorities. For example cadre who was beaten mercisellsly by Zambia police. The commission seems to be powerless. Maybe suing the shop in the court is more realistic
I WISH THEY COULD DO THE SAME WHEN THAT POOR YOUNG LADY WAS STRIPPED NAKED BY KNOWN PF THUGS ON YOUTH DAY CELEBRATION.
I support you my brothers with your petition. All human beings must be teated with dignity whether criminals or not.
This was a very sad event. The fact the girls were stealing shoes and make up and not food means there is very little sympathy for them. But for the store to allow them to be painted in yellow was wrong on so many levels. Suppose one of them had an allergic reaction? What would have happened then?
I don’t agree with the petitioners. Those 2 ladies are habitual shoplifters and well known in retail circles. Its a pity the management decided to paint them because taking them to court takes long to dispose of the cases. The petitioners should know that pilfering a major cause of losses in retail business and if unchecked the company can go under. It is surprising that the petitioners are supporting shop lifting and protecting the ladies instead of the Jet Stores which has invested so much and providing employment. I know what it is shrinkage and when it exceeds certain levels managers and their supervisors get sacked without warning and here are some learned men trying to kill business by supporting shop lifters. Lets be serious. I would urge the retailers to invite the petitioners to…
My friend we are talking about breaking the law here. We dont want people to do things without any regard for law. Next it will be shoprite, game stores, etc doing the same or you will hear a man has axed his neighbor’s son because he beat his daughter and we shall end up with a lawless country.It all starts like this.
IT ALSO GOES TO SHOW HOW THE PEOPLE HAVE LOST CONFIDENCE IN THE LEGAL SYSTEM IN ZAMBIA. HAVE YOU NOT HEARD OF THE CHINESE WORKERS WHO WERE SLEEPING WITH MINORS , BUT WHEN THE MATTER WAS TAKEN TO COURT, “THERE WAS NO EVIDENCE”. A FEMALE WORKER AT GAME STORES IN LUSAKA WAS SEXUALLY HARASSED, BUT IN COURT, “THERE WAS NO EVIDENCE”. IN THE SAME WAY, THESE YELLOW THIEVES WHEN TAKEN TO COURT, THEY WERE GOING TO DO WHAT THEY KNOW BEST AND THERE WAS GOING TO BE NO EVIDENCE. PEOPLE WHO LOSE THEIR IMMUNITY LEGALLY CAN MANIPULATE THE COURTS AND GAIN BACK THAT IMMUNITY. THERE IS NO ONE TO PROTECT US. SO IN THE END PEOPLE HAVE RESORTED TO TAKE THE LAW IN THEIR HANDS. THE BIBLE SAYS THAT A THIEF COMES TO STEAL, KILL AND DESTROY. THESE YELLOW THIEVES CAN ALSO KILL.
I am so disgusted by most of the bloggers here, very few have condemned the ‘shop lifting’ but instead you are magnifying the smaller picture of painting the thieves. A thief is a thief, there is no lesser thief due to ones gender. Are we being too Western? What makes one feel they have the right to walk into Jets and pocket a bra? High cost of living? Neh but sheer stu-p-idity and wanting to be abreast with modern trends. I have seen worst things happen to thieves in ‘compounds’ of Lusaka. Human Rights Commission? My foot, why are you being so selective and ineffective?
@ Mr X…….At one time Jesus faced a similar situation, then he said to the people..If anyone of you has never done this before, let him throw a stone at her….he then knelt down and started writting something, by the time he stood up, every one had left. This is the answer for you Mr X. We all do condemn stealing but this punishment is uncalled for.
I am sure no one thinks the women were right. Shop lifting is a crime. It is the delivery of instant justice, public parading and the thoughtless pouring of solvents and toxic substances on a human being by a business acting as judge and executioner that escalates the issue to one of violation of human rights. The women should have been reported and charged or a settlement agreed between parties. The fact that this is a foreign business operating in Zambia should be cause for alarm. Is it their policy or over zealous employees? Either way those images do their reputation more damage than handing four alleged thieves to the police. I abhor instant justice even when I have been the victim of a crime and had to prevent mob mentality from delivering ‘justice’ to the criminal.
DON’T JUST SYMPATHIZE WITH THEM SIMPLY BECAUSE THEY ARE FEMALE. AM SURE IF THEY WERE GUYS. ALL OF YOU WERE GOING TO SAY “GOOD. LET THEM FACE THE CONSEQUENCES”. BUT A THIEF IS A THIEF. MALE OF FEMALE.
Human rights commission should not just sit there, should act. That guy painting the girls should face the law. The girls may have done wrong, but treating them that way, that is disgusting to say the least.
Most thieves would prefer to be painted instead of handing them over to the police, I hope these two thieves be reported to the police for stealing and jailed just like the man from kitwe who was sentenced to six months in jail for stealing slippers for his child in shoprite. Just because the two thieves are ladies some stupid men want to take advantage of the situation and fix the Jets Security Employees. Firstly ask those two thieves what they choose to be handed to the Police or painted and let go
…we shouldn’t just comment from without…when this ‘shame the devil’ first came by about 20yrs ago….if you plead guilty to shoplifting…the management used to ask the culprit whether she or he wanted to be taken to police or would ask the culprit to roll in a pool of mud and let you go….the choice was theirs…I believe that’s what could have happened…the ladies chose to be painted instead of handing them to police….however if the choice was not given then its just appropreate to report management to human right agency….because only the court of law is entitled to spell out the punishment for any guilty party whether they confessed or not…
..by the way where were these guys when that UPND cadre was stripped naked…they should have come out as they have done…I hope non of them is a manfriend to one of them shameless ladies….
You people are worried about some young girls getting painted?
While Lungu and his PF are stealing MILLIONS of your taxpayers money on contracts?
The HRC should be working for the thousands of Zambians that are not getting medical attention and DYING from PF corruption and THEFT.
Get your priorities right!
“Innocent until proven guilty by the court of law ” its unacceptable to treat citizens like that when we have the police just opposite the mall who are legally mandated to deal with such cases.
take the suspects to the police, the police will open a docket and investigate the case, the case goes to court and the court passes judgement and an appropriate punishment or agree as the two parties to settle the case outside court.
subjecting the two ladies to such type of treatment is unacceptable. i join all the citizens who have petitioned the Human Rights Commission.
This is also a criminal offence. The store should be prosecuted for vigilante justice. The girls should be compensated for ruining their lives. They made a mistake and the law should have prevailed, but humiliate them without giving the an opportunity to defend themselves is wrong.
I agree too, as a mother I thought to myself this could be my daughter, niece. The best punishment could have been to do some manual work only shop workers would have known that they are shop lifters. Apart from all this humiliation they will loose their jobs too, they will be the talk of their communities, the biting economy will be worse for them. I think the shop went too far and the one who carried out this inhuman act should also be fired.
Its astonishing how some bloggers cannot or will not differentiate between an alleged crime of theft and inhuman and degrading treatment. There is a criminal process for anyone apprehended for such an offence, if desired. There is no provision for treating one suspected of having stolen or indeed actually stolen, in such manner. The two are unrelated. It is also different from a situation where you react physically because you are in danger from the the perpetrator of the crime (even then, you have to use reasonable force) I am appalled that some people can condone such. The same people who would cry foul on forums and anthills about breach of rights and freedoms. When you are selective of what is allowed to be breached, don’t complain when you create brutal dictators.
Once convicted u have a criminal record & can not get employed anywhere in the world, the ladies where most likely given a choice. The shop is also maybe making huge loses to due to theft, as not everybody is caught & i also doubt if this was the first time these girls did this. Very few would be thieves will now try their luck now & the message is very clear. Last week my friend with a trucking business went under due to theft of diesel, parts, tires etc. 90% of the cases reported where eventually thrown out of court, dockets missing, police & court officials being bribed.
Painting them was a good idea. What is wrong is wrong. They have stolen.
ZAMBIANS IN THEIR HOME COUNTRY SHOULD NOT BE TREATED AS IF THEY ARE SLAVES BY THESE FOREIGNERS WHO RUN AWAY OF HUNGER FROM THEIR COUNTRIES.HOPE YOU WHO DID THAT YOU ARE NOT ZAMBIANS IF YOU ARE ZAMBIANS THEN SAD TO YOU FOR NOT STANDING BY THE SIDE OF YOUR FELLOW CITIZENS
@Moyo Douglas
Zambians miss treating other Zambians!! Jet is a South African but I doubt if they will hire SAns as floor workers in Zambia. South Africans running away from hunger in SA? Leave SAns alone on this primitive behavior. SA can afford to feed its nation for more than 15 years of no drop of rain. Please just eat your unhealthy maze meal arm pit stinking nation.