DETAINED WOMAN SUES GOVT

Mon, 18 Sep 2017 11:19:12 +0000

By Chintu Malambo

A WOMAN accused of harboring a criminal in her home has sued the government demanding compensatory damages for assault and mental anguish she has suffered at the hands of two wildlife officers.

Constance Kabimba of Chibolya Compound in Itezhi-tezhi is also demanding substantial compensatory damages to be assessed for false imprisonment, wrongful detention, malicious prosecution and defamation of character suffered at the instance of the two Wildlife Authority officers, Elijah Kapalu and Namukolo whose other name is unknown.

In a statement of claim filed in the Lusaka High Court, Ms Kabimba claims that one of the wildlife officers, Kapalu, unlawfully assaulted her before taking her to the police with the intent of having her detained.

She says that Kapalu kicked her around her torso and stomach before pulling away her clothes, leaving her half naked and that she suffered pain, injury and shock by reason of that assault.

Ms Kabimba alleged that on  September 29, 2016, the two officers made false and malicious allegations with she was conniving and harboring a criminal in her home.

“On or about 29th September 2016,  the two officers, without reasonable or probable cause made false, malicious, vexatious and concocted allegations that I was conniving with and harboring a criminal in my home,” she said.

She claimed that by reason of the two officer’s false allegations, she was arrested and detained for 2 days at Ngoma police post in Itezhi-tezhi where she was charged with obstructing officers whilst on duty, contrary to section 117(A) of Zambia Wildlife Act No.4 OF 2015 of the laws of Zambia and was only released on police bond pending trial before the Subordinate Court of the first class.

Ms Kabimba however, said that she was tried and the alleged proceedings against her were concluded on 6th October 2016 with her being acquitted of the alleged offences.

“Proceedings against me were concluded on 6ht October 2016 in which I was acquitted of the alleged offence of obstructing officers on duty by the Honorable Magistrate A.M Munalula ESQ in open court, with the notification of acquittal subsequently being issued by the court to that effect,” she said.

Consequently, Ms Kabimba asked the court to intervene in her quest to be granted damages for embarrassment,  disgrace, humiliation and any other relief that the court may deem fit.