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2 Retired Sesheke Cops Drag State to Court

Two top police officers who were retired in national interest on February 16 following the violence which erupted in Sesheke in Western Province during a by-election have commenced legal action against the State in the Lusaka High Court.

Shapa Wakung’uma and Fleming Chilongo who were serving as senior Superintendents in-charge of Sesheke District in Western Province, are challenging the decision of the State to retire them in national interest and have sued the Attorney General Likando Kalaluka in this case.

According to their affidavit in  support of  Ex-parte  Summons for  leave to apply for Judicial review  pursuant to the  provisions of  Order 53 of the rules of  the Supreme  Court,  Wakunguma and Chilongo  of House Number B14 Chelstone Police Camp and F 22 Sikanze Police camp in Lusaka respectively want the  Court to grant them leave to commence Judicial Review proceedings as against the respondent.

The duo also want the court Court to exercise its discretion in granting such leave and that the said leave act as a stay of the decision to retire them in national and/or public interest.

“We believe, as advised by lawyer Christopher Mundia, this is a fit and proper case for the  Court to exercise its discretion in granting such leave and the said leave act as a stay of the decision to retire us in national and/or public interest,” they stated.

The applicants further believe that no prejudice would be occasioned to the Respondent by such order granting the Applicants Leave for Judicial Review and that conversely, the interest of justice would be served.

Wakunguma served as Commander  of sector five respectively during the

the Sesheke Parliamentary by-election held on February 12, 2019 as per an operational order issued by the Provincial Commanding officer while Chilongo served in his capacity as Deputy Commander in respect of sector one.

They have submitted that despite the first Applicant’s designation as commander, he did not assume command of the said sector as his deputy commander was given operational command of the area with full communication authority.

Wakunguma  has further submitted that in respect of the first Deponent, on February 12  and while driving to Sesheke Police Station, he was flagged down by the Minister of National Development Planning  Alexander Chiteme who was in the company of the Deputy Permanent Secretary for Western Province, a Mr Bukali.

He adds that he was requested by Chiteme and Bukali to go to the scene of an incident of alleged Police brutality involving alleged Patriotic Front cadres at a known location called Council Guest House.

“As  I proceeded to the said Council Guest House, I found a number of individuals laying on the ground having being severely assaulted while tear gas canisters had been discharged in the said location. I personally ordered the officers on site to immediately stop assaulting the suspected Patriotic Front cadres as the suspected assailants were individuals. I personally identified as being from the Kamfinsa Police Training College having served as the Operation’s officer at Kamfinsa,” he stated.

He stated that he proceeded to inform one of the commanders in charge of the said Police officers, Chief Inspector Lifasi, and later went on to provide transport to the alleged victims who were given medical reports at his instance at the Sesheke Police Station in order for them to seek medical treatment and to make criminal complaints against their alleged assailants.

Wakunguma stated that following the said incident, a meeting was held at which senior members of the PF in the district demanded to know why their cadres were assaulted by Police Officers.

In addition, the said meeting was attended by the  Minister of Home Affairs,  Steven Kampyongo, his Counterpart Minister of National Planning  Chiteme, the Provincial Commissioner of Police for Western Province, and several senior officers in the Province.

Wakunguma has further stated that Police officers who were  present at the scene of the alleged assault explained the circumstances leading to the use of force against the alleged PF  cadres, explaining that they had been confronted by armed cadres at the Sesheke Police Station.

” I came to learn of a statement attributed to the Inspector General of Police Kakoma Kanganja stating clearly that all officers who took part in the assault of cadres would be dismissed from the Police Service,” he stated.

Wakunguma said later, the Police Commission chairperson Peter Chingaipe arrived in Sesheke on a fact finding mission in order to ascertain what had transpired on February 12.

He states that he and Chilongo were not privy to the discussion at the said meeting that was held on the material day but instructions  from the Provincial Commissioner of Police, a Mr Lungu, were allegedly issued to the effect that an identification parade was to be held in which some Patriotic Front cadres would be made available to identify the officers who were involved in the acts of assaulting them.

The next day, Police officers were assembled at 08:00 hours in the morning for the commencement of the identification parade but the exercise was later abandoned without any reasons advanced by their superiors.

And Chilongo has submitted that he was deployed at Imusho ward from January 11 to  February 13 in order to maintain law and order in the area, approximately 250 Kilometers from Sesheke District and the scene of the alleged assault of PF  cadres.

He contends that the said Imusho ward was designated under Sector One in accordance with the operations order.

Chilongo has submitted that  on  February 16 , social media reports began to circulate that he and Wakunguma had been retired from the Police Service in National Interest.

” I received a message on the same day stating very clearly that all the Applicants herein had been retired in National Interest and  I later received another Zambia Police Service message stating that I had, in fact, been retired in Public Interest, and in respect of the 1st Deponent, I picked up a letter dated  February 18 and  March 8  from the Deputy Provincial Commissioner of Police informing me of my retirement in Public Interest written under the hand of the Senior Executive Officer of the Inspector General of Police,” he stated.

He has submitted that at no time had he personally been questioned in respect of any alleged misconduct relating to the Sesheke by-election by any superior officer of the Zambia Police Service.

“In equal measure, none of the Applicants herein have ever been charged with any offence or alleged misconduct relating to the Sesheke by-election and at no point in time have any of the Applicants herein been asked to exculpate themselves in relation to the said by election and or related incidences arising out of the said by election,” Chilongo stated.

He stated that the said retirement in National and/or Public Interest had come with a sense of shock to the Applicants “as at no point in time have we misconducted ourselves in any way or manner as Police Officers”.

30 Comments

  1. Bk

    You have spreads missed your salary?

  2. Mr.BJ

    Mistaken identity, all will be well.

  3. Gangsta grabs

    The way i see this the crime that let to you being retired is that you touche the anointed ones by name of pf cadres.If you had beaten upnd cadres u would have gotten promotion.Lungu is colonial tate wa ndalama.That arent shit,the judge sitting over your case has tears calming through his ass,because if u win he will be retired as well.This government has bitches Mumbi! Lungu has been bitching.I thank you.

  4. Kasonkomona

    Pray to god so that the govrenment can Reeves the reaction

  5. mulobezi

    Wen they say b loyal 2 th govt of the day u thot it ws ajok,mr wakung’uma HW daz it fil going without a ful salary?wait its just th beginning hh chited u ,look now u will soon languish in abject povaty.boma no boma hh z outside boma wake up nd plid with ecl .

  6. CM

    It’s a pity officer only that this country is ruled by cadres and the judicial system in Zambia is not independent, but God will see you through.

  7. Nyimbili Obvious I

    PF as party that is in Government has failed to govern these Country they wa even police Officers to Cadres. Can u reinstate the affected police Officers with immediate effect b4 2021

  8. Chanda

    BIG MISTAKE. YOU DON’T CHALLENGE THE STATE WITH DIRTY HANDS LIKE THAT. AT LEAST IN NATIONAL INTEREST YOU CAN GET YOUR BENEFITS. BUT THIS TIME THEY WILL RE-INSTATE YOU THEN AFTER ONE WEEK DIG YOUR PAST AND RETIRE YOU IN “PUBLIC INTEREST”

  9. Gangsta grabs

    Mulobezi and Chanda gelani mavuzi panyo panu

  10. Fisunge

    Do you know why you were retired on national interest?it’s because you didn’t do the right thing to be loyal to the government of the day which means everything that belongs to the government including the cadres were supposed to be protected looking at the nature of opposition in sesheke the best you can do as for now is to apologize to the state about what ever had happened you loose nothing by apologizing you’re just to Young just humble your selves and apologize boma Ni boma don’t be cheated my brother maybe hh won’t be president just apologize even if they take to the bush not Ayo mamenemene pride goes with a fall hh failed to take care of mulongoti what more imwe nizanu izo

    • P.M

      @Fisunge…you are the type of people the world doesnt need. People like you who dont have principles are worthless to any cause. Why should he compromise his professional and person integrity just to keep his job? There is more to life than merely selling ones soul to the devil in PF. My advise to affected policemen is stick to your professional ethics and God will see you through. You were trained to protect zambian people and properties and not to protect the criminal behaviour of Lungu his criminal cartel or cadres. I salute you for having done a sterling job in Sesheke by making sure that no lives were lost through panga carrying and gun toting pf cadres

  11. Hang'omba Miyoba

    That Lawyer thief will just finish your package and leave you,he has misplaced you in his advise.You can’t challenge retirement,it’s government’s discretion to retire anyone in national interest if they deem you to be unfit

  12. Longinus

    Harvest of Thorns by Shimmer Chinodya.

  13. Dabby

    l think the state on this mattet took Avery strong move. the police wanted to maintain order.by beating All party cadres pf &upnd. To say its only pf .its not rigt &fear. .Please

  14. Mpombo

    Hechi Hechi wandetelela The law is clear work with the government of the day which is made up of the mighty ruling party in this case PF Never in the history of this country have ruling party cadres been beaten by the police This allegiance to the opposition is a recipe for disaster especially for people in uniforms

  15. dockfath£r

    Bala bumuka

  16. fruits

    God talks about love making a friend suffer with half bread on the table were is your leadership coming from ?

  17. Truth man

    This is a very bad case for the state ! It is going to show how unfair the government is in general terms.It can only prove bias and unbelievably non balance in the way it handles matters regarding certain issues. I am yet to be convinced that the death of an innocent student at UNZA at the hands of the police did not receive quick attention as compared to the election fracas in Sesheke! Is it because they lost the election or what? Hakainde was teargased and beaten by the same police but no police officer has been charged to date for that heavy handedness.Yesterday when I saw on TV the President addressing the lawyers gathered for the common wealth conference in Livingstone and emphasizing on the rule of law it just makes me to wonder whether that is the case in Zambia …..

  18. thomas

    “Simva zaanzake anamva nkhwangwa ilim’mutu” u hve decided to change your mind because now things in your life hve started sinking,wow what a shame!

  19. Fisunge

    Iwe truth man you’re not telling the truth law is law no involvement of hh here whether he was tear gas edit not were talking about the conductor the police senior officers with regards of the police standing orders and loyalty and in this regard we can tell by the Lozi name of one officer who is doing chimbuya type of policing forgetting about loyalty to the government of the day policy which every single civil servants Shud obey the only thing these could have done is to plead and admit there Short falls my advice to everyone in the civil service is just to follow the rules of the land if you don’t you’re gone forever and one thing you Shud not forget is that there’s a government in place which has laid down rules and regulations and before we protect the interests of other pipo ours should be the first finally don’t finish all the money you’re still young and beautiful you can do other things in life

  20. Wise Leader

    GUYS PLEASE YOU HAVE FAMILIES WHO LOOK AFTER YOU,PLEASE KAFWAYENIFYA AMA CITO YABU MALONDA DON’T WASTE ANY TIME PANTU THIS THING OF CHALLENGING GOVERNMENT IT’S A GRAVE MISTAKE MWAPANGA BANE

  21. Chibz

    Too bad

  22. Panyo Pa Barca

    Don’t Waste Time with politics yapa zambia. panyo pa…..

  23. Smart k

    Muzamuziba yesu, u wil get to kno Jesus from to day. Ba kolwe mwaufwa.

  24. mambwe

    wish u all the best

  25. Future President

    To day we r happy there is peace in bahati and roan constituences by elections thanks to these gallant police officers who beat up the unruly caders in sesheke without that the situation would have been different in roan and bahati in fact those caders should thank the officers for not using live bullets

  26. Future President

    When u r voted President of a country consider yourself lucky coz then it means u r one step into heaven. U now have an opportunity to change peoples lives.

  27. Thunahuka

    Security forces don’t involve in active politics why you shoul always support government of the day..you can go to court but can’t Win.

  28. Kapijimpanga

    That’s the problem when they are fooled by hakainde he promised them Millon’s but can’t pay them now so take hakainde to court for fooling you

Comments are closed.