‘Misfired’ arrests cost State K750,000
GOVERNMENT has spent K750,000 on compensations for unlawful detention in the last three years, Minister of Home Affairs Stephen Kampyongo has said.
Mr Kampyongo said in Parliament yesterday 27 cases of unlawful detention were recorded in 2016, 33 in 2017 and 18 in 2018.
He said out of 78 cases, only 14 were successfully prosecuted and the complainants awarded K771, 266 in compensation.
“The State paid K771,266 in compensation to people who were unlawfully detained between 2016, 2017 and 2018,” Mr Kampyongo said.
He said all erring police officers would be surcharged so that the government could recover some of the money.
On August 3, 2016, police arrested Saviour Chishimba, president of the United Progressive People Party on defamation charges after he criticised President Edgar Lungu for declaring a threatened state of emergency.
Mr Chishimba was detained for seven days without being brought before a judge; he was released without charge.
In the case of Attorney General and others v Phiri (Appeal No. 161/2014) [2017] ZMSC 63 (29 June 2017), the respondent was attending a funeral in Lundazi when a Land Cruiser appeared and the occupants of the vehicle asked him to get into the car.
When he refused he was threatened with a pistol, forcing him to jump into the vehicle.
They then went to Lundazi General Hospital, got some documents and proceeded to Lundazi Police Station where the respondent was detained by the appellants.
The next day the respondent was taken to the criminal investigations department (CID) where he was unclothed and beaten with two axe handles by the appellants and informed about theft of solar panels.
The respondent suffered injuries all over his body and was hospitalised at Lundazi General Hospital for a month. On February 23, 2007 the respondent appeared in the subordinate court and he pleaded not guilty to a charge of theft of the solar panels.
On July 11, 2007 the respondent was found with no case to answer and was acquitted.
He started an action against the appellants claiming damages for false imprisonment, assault and battery and malicious prosecution.
The trial court found that the respondent was battered by the appellants o n January 18, 2007 to such an extent that he was hospitalised.
It also found that the respondent was falsely imprisoned from January 17 to 18, 2007 when he was informed of the reason for his apprehension.
The respondent was awarded damages for assault and battery, and false imprisonment, to be assessed by the Deputy Registrar of the High Court.