IG PETITIONED OVER CAR THEFT CLAIM
By CHARLES MUSONDA
INSPECTOR General of Police Lemmy Kajoba has been petitioned to establish a tribunal to institute an inquiry into allegations that a Lusaka resident Rose Bowa Bwalya stole a Toyota Regius as reported by Precious Luwo and Justin Luwo.
The petition has been filed by Human Rights Amnesty (HRA) executive director Frederick Chinsala.
According to Mr. Chinsala, Ms. Luwo and her brother Mr. Luwo whilst acting together with other people unknown on December 20, 2021 caused posting on media platforms defamatory remarks by alleging that Ms. Bwalya had stolen the motor vehicle registration number BAA 9447.
He says on the same date the HRA received a complaint regarding the publication and on December 21, 2021 discussed on phone with Ms. Bwalya for purposes of having her rights and interests protected after which she instructed the Amnesty to engage the IG to establish whether or not she had committed a crime in the face of available evidence.
He said according to the evidence, on April 23, 2020, Ms. Luwo, the purported owner of the vehicle, executed a contract for hire of the vehicle to Ms. Bwalya for a month and after expiration of the contract, the latter continued to pay the hiring fees since she was offered to buy it and made payments in the sum of K21, 000 from April to October 2020.
Mr. Chinsala said around October 2020 Ms. Luwo reported Ms. Bwalya to the police after she defaulted and alleged that the vehicle was missing, contrary to the fact that when they signed the contract, the vehicle remained in Ms. Bwalya’s custody as agreed by both parties.
He said after Ms. Bwalya was summoned to Lusaka Central police, an investigation was conducted and it was discovered that there was no criminal element in the allegations leveled against her.
He said later police made Ms. Bwalya sign an undertaking to buy the vehicle on grounds that it had developed a mechanical fault and it remained in her custody since then.
Mr. Chinsala said afterwards a police officer from Matero police station identified as a Mr. Lubinda in the company of Mr. Luwo went to Ms. Bwalya’s home in Kafue district and moved the vehicle to Matero police station where she was later summoned.
He said the action by the Luwo family to re-open a complaint at Matero police station on matters that were deliberated upon by the Central police and advice rendered amounts to abuse of police authority and giving false information to a public officer, contrary to the Penal Code Chapter 87 of the Laws of Zambia.
He said the action by the Luwo family to publish defamatory remarks about Ms. Bwalya amounts to a tortious act termed as libel.
“Ms. Bwalya believes that her reputation has been damaged in the eyes of the public and that before she appears at Matero police station, she craves the indulgence of high office to conduct an inquiry.”
