By PERPETUAL SICHIKWENKWE –
THE Lusaka high court has ordered the State to pay three Monze farmers K50,000 each for detaining them in police cells without cause for 20 days.
Judge Jane Kabuka ordered that Joe Chinkumbwe, Monday Maunga and Victor Hazanga all of Chinkumbwe village in Monze, Southern Province, be compensated a total of K150,000 as damages for false imprisonment.
Ms Justice Kabuka ordered that the money be paid with interest from the date they sued to the date of judgment and thereafter interest would accrue at the bank of Zambia lending rate, till payment.
Mr Chinkumbwe, Mr Maunga and Mr Hazanga had sued the Attorney General and two police officers, Detective Chief Inspector Elijah Zambi and Detective Inspector Yubai Muliwana for arresting and detaining them.
The petitioners had stated that on October 1, 2011 they were in their village when mobile police officers apprehended them.
They said that they were beaten and tortured as a result of which they suffered injuries to their bodies but were not taken to any hospital or clinic for medical attention.
Mr Chinkumbwe, Mr Maunga and Mr Hazanga stated in their petition to the high court that they were all initially detained at Choma Police Station but later, two of them were transferred to Choma remand prison.
Mr Chinkumbwe and Mr Hazanga were released on October 20, while Mr Maunga was freed on October 25, 2011.
During the period of their detention, they were not charged with any offence nor were they informed of reasons for their detention, which action infringed on their freedom of movement and liberty.
They asked the court to declare that their detention was illegal and unlawful, that they be paid k1,500,000 as damages for false imprisonment and K500,000 each for unlawful detention.
Ms Justice Kabuka in her judgment, however, declined to order that the farmers be paid for assault and injuries because there was no proof.
She ordered that they be compensated damages for false imprisonment because there was no plausible explanation advanced by the Police for detaining the farmers.
Ms Justice Kabuka said that she had in her judgment considered the notorious fact of the general inhuman conditions of Police cells and prisons in which the three were detained.
She further said that the farmers went through anxiety because they did not know why they were being held and how long that would continue.