Government will open an inquest into the death of UNZA student Vespers Shimuzhila. Minister of Home Affairs Stephen Kampyongo says the inquest will come after thorough investigations into the death of Ms Shimuzhila have been concluded.

Mr Kampyongo says the investigations will cover events prior, during and after the riots.

He told journalists at a media briefing that anyone who will be found wanting will be dealt with accordingly.

Mr Kampyongo said the inquest results will be supplemented by post-mortem results for the deceased student.

He called for calm saying it is too early to blame the Police for the death of Ms Shimuzhila.

Below is the Ministerial full statement

MINISTERIAL STATEMENT ON THE UNIVERSITY OF ZAMBIA RIOTS THAT LED TO DEATH OF A STUDENT AND AN INJURY OF ANOTHER STUDENT.

I wish to convey my sincere condolences to the bereaved family of the late Vespers Shimuzhila a University of Zambia fourth year student who passed away on Friday 5th October, 2018 during the riot at the institution.

Further, I would like to sympathise with the family for Evelyn Chongo a second year student who sustained a spinal injury after jumping from the second floor of her hostel during the same riot at the institution.

I wish to inform the nation that my Ministry and Government is very concerned about what transpired at the highest learning institution. However, I can not give more details concerning the matter as the Ministry is doing its investigations which will help provide more information and come up with a clear report.

The investigations which are currently being conducted by the police and other investigative wings will cover what transpired for the period; prior to the riot, during and after the riot at the institution.

Besudes that, there will be an inquest whereby other people who might have other pieces of information concerning the same will be allowed to provide the information to the team that would undertake the inquest.

The results of the inquest will be supplemented by the postmortem reoort for the deceased student and once this information is put together the nation shall be informed accordingly.

The Ministry shall ensure that investigations are carried out professionally
and those who will be found wanting will be dealt with according to the law. There will be no sacred cows on this matter.

I also wish to mention that the President is also concerned with the welfare of the students hence the decision to evacuate the injured student for specialised treatment to South Africa.

I wish therefore, to appeal to all the family members, students populace and the general public to allow the investigative wings to do their work without interference.

HON. STEPHEN KAMPYONGO (MP),
HOME AFFAIRS MINISTER

Two Lusaka Freelance Journalists Thomas Allan Zgambo and Clayson Hamasaka have lost an application in the High Court in which they were seeking the court to order Airtel Network to produce information in relation to a criminal act of allegedly diverting data from their mobile numbers.

This is in the case in which the two journalists sued the network provider for allegedly intercepted messages which amounted to invasion of privacy.

In their application for a notice to produce pursuant to Order 27 Rule 5(4) of the rules of the Supreme, Mr Zgambo and Mr Hamasaka seek the Respondent to produce records and documents in its custody or possession as they contain the entries specified in the notice.

The petitioners also wanted the respondent to produce registration and know your records for six mobile numbers which according to them are subject of the proceedings.

They further wanted communication records for each of the cited mobile numbers from 2013 to 2014 containing short messages services (sms’s).

But in her ruling, Justice Susan Wanjelani has declined to order for the production of information relating to the subscribers who have not given consent to the Respondents.

Justice Wanjelani has noted that the petitioners have not shown sufficient cause why the court should order the Respondent to derogate from the rights to privacy of a Mr Evaristo Phiri whose number was allegedly used to divert Sms’s by the respondent and order the production of this information without his consent.

” It is clear that the respondent cannot disclose any information relating to any of its customers or subscribers to another person without those subscribers consent”, She has ruled.

However the Court has granted the petitioners an application to order the Respondent to produce the information in regards to their numbers.

Motorists in Ndola have raised concerns over alleged increased random checkpoints by traffic police officers in residential areas.

The motorists have observed that despite various complaints over the same issue, traffic police offers in the district have continued making unnecessary random road blocks.

Speaking to ZANIS in Ndola today, the drivers alleged that traffic police officers try to find all possible faults so that they can be paid bribes.

Katebe Mulenga a female motorists complained that it is inconveniencing for traffic officers to make road blocks in residential areas because they create unnecessary traffic jams and usually children walk as pedestrians in residential areas.

“We know there are some unruly drivers on the road but making random check points in residential areas is inconveniencing us. Sometimes we send children to buy some small commodities such as bread or eggs at nearby selling points and now these traffic officers cause traffic jams which are a threat to our children,” she said.

Another motorist McDonald Bwalya has complained that random checkpoints should be restricted to roads that are not busy because in the morning they create traffic jams which make people report late for work.

Recently Home Affairs Minister Stephen Kampyongo in his ministerial statement directed Police Commissioners in various provinces to co-ordinate snap check points to avoid inconveniencing the travelling public.

The Law Association of Zambia (LAZ) has joined in condemning the conduct of the Zambia Police Service during the riot at the University of Zambia Great East Road campus leading to the death of a female student Vespers Shimunzhila.

In a statement issued to Q-news, the LAZ Council says it condemns the excessive force used by the Police who are believed to have followed unarmed and peaceful students who were in their rooms after the demonstration ad threw teargas canisters in the rooms.

It says although LAZ does not support any unlawful action by the students, such as blocking of the Great East Road and endangering the lives of motorists and other road users, it condemns in the strongest possible terms, the heavy handed and disproportionate police action that violates individual human rights.

The Law Association of Zambia hopes government will take necessary action to support Vespers’ family.

The association has further called on the Inspector General of Police to institute prompt and thorough investigations into the incidence and to make the findings public.

It further calls for any officer who will be found wanting to face the law.

LAZ says it expects that this incident will not end quietly but that justice will be done in the matter.

The State has asked the Lusaka Magistrates’ Court to throw out the two applications by the lawyers representing three key suspects accused of trafficking in 24 kilograms of cocaine which allegedly went missing, arguing that they are frivolous and lack merit.

Defence counsels Keith Mweemba and Shadreck Mbewe in the last sitting made an application to the court to have the drugs in question subjected to chemical analysis and examination, as well as, alternatively have the accused acquitted as the purported drugs which required retesting had gone missing.

In this matter, Sydney Mwansa, Shaibu Likuta and Teddy Matanda are alleged to have trafficked in 24 kilograms of cocaine which has gone missing whilst in the custody of the Lusaka Magistrates’ Court which eventually led to the arrest of seven court officials and two businessmen.

But when the matter came up before chief resident magistrate Kenneth Mulife, Deputy Chief State Advocate in charge of taxation and financial management unit Gamaliel Zimba objected to both applications by the defence to have the drugs retested as well as to acquit the accused persons.

Mr Zimba has argued that that the application to have the drugs retested was frivolous, vexatious and lacked merit because there was no provision of the law supporting the application.

“The State is objecting to both applications. For the first application relating to the retesting of the drug, the State finds the application to be frivolous, vexatious and lacking merit and as such this court should dismiss it”, He has said.

Mr Zimba adds that the state have found no provision supporting this sort of application as and wonders what provisions of the Criminal Procedural code is this application anchored on.

Zimba has further argued that after looking at the exhibits produced in court, it would show that the drugs were seized from the accused persons and later on examined.

“We also had a look at the exhibits that were produced in this court, an affidavit from a public analyst and an an analysis of the two documents, we will show your honour that drugs were seized from the accused persons and that those drugs were later on subjected to the food and drug laboratory for analysis,” he has said.

At this point, Mr Mweemba objected to Mr Zimba’s submission arguing that he was raising evidence from the bar as the accused persons were not found with the drugs.

“We wish to object to that line of submission from the bar. The law as espoused by the Supreme Court is that evidence from the bar or submissions can not amount to evidence”, Mr Mweemba has said.

Mr Mweemba says adducing evidence in the submissions is not allowed because no one in Non this court qualify to say those were drugs.

In reply Mr Zimba has argued that he had not adduced any evidence but simply restated what was already on record.

In his ruling Magistrate Mulife has overruled the defence’s objection saying Mr Zimba was simply stating the contents of the document and that it would not prejudice the accused.

In arguing to the second application by the defence Mr Zimba has argued that the second application by the defence to acquit the accused persons was baffling because sufficient evidence had been produced to prove that the drugs trace back to the accused persons one way or the other.

He says if the defence are arguing that the accused persons be acquitted, he has wondered on what basis will the acquittal be as a careful perusal of the record will show the kind of exhibits that the State produced.

Mr Zimba has contended that it is the State’s position that at the time that an affidavit was produced from the food and drugs as prepared by the public analyst, the State had demonstrated at that point that material which was subjected to examination did test positive for cocaine.

He adds that there is no basis for an acquittal at this stage.

In reply, the defence have applied for an adjournment to enable them respond with the citations from authorities.

The matter has been adjourned to October 11.