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Kalaluka Asks Court to Dismiss Case of Lusaka Man Assaulted by Police in Implementing Covid Guidelines

Attorney General Likando Kalaluka has asked the Lusaka High Court to dismiss a case where a 58-year-old man of Obama residential area has sued the State after he was assaulted by four police officers who were enforcing COVID-19 regulations at a bar in April, 2020.

In a statement of claim filed on May 15, 2020, Mr David Mooto Nalumino Sikananu stated that he was an able bodied Zambian who was beaten by police officers on April 22, 2020 when he was found at a bar.

He stated that around 17:30 hours, he went to Kimata bar at Big Jose market in Obama residential area where he went to play a game of billiards which was not a contact sport.

Mr Sikananu stated that around 18:30 hours, four unknown police officers from Chelstone Police Station ostensibly enforced the Public Health Covid-19 regulations (SI no 22 of 2020) and descended on the bar, assaulting every patron they found.

He stated that upon gaining entry into the bar, the officers took turns in unlawfully beating him with other patrons using a plank with a metal and truncheon and that he sustained serious injuries from the beatings.

Mr Sikananu now wants a declaration that the officers have no right under the COVID-19 regulations or any other laws or regulations to humiliate, assault, torture or subject him to degrading conditions and is also seeking damages for false imprisonment, including exemplary damages, damages for injuries sustained and interest on the damages, among other reliefs.

The plaintiff also asked the court to enter judgement in default of appearance and defence against the State.

However, the has since filed its defence.

Mr Kalaluka has submitted that Mr Sikananu was not entitled to any of the reliefs he was seeking in the matter and urged the court to dismiss the case, stating that he will put Sikananu to strict proof about his claims and that he is not entitled to any of the claims he is seeking.

“Save as herein expressly admitted, the defendant denies each and every allegation of facts contained in the statement of claim as if the same were set forth herein specifically traversed seriatim,” Mr Kalaluka stated.

9 Comments

  1. RHk

    No one above the law ,late them face the law.

    Reply
    • Hammer

      But the legal language awe. Can ZR please translate in English the last paragraph of the article?

      Reply
  2. Jonathan mushanga

    Our courts now are not independent, judges fear for their jobs thats why even when you take the matter to court against the state, its hard to win it. Let judiciary runs independently

    Reply
  3. Fyantha

    Comment not! Am Reading please

    Reply
  4. Frank Chombela

    David Mooto Nalumino Sikananu has a good case against the state. His chances of success are very high.

    Reply
  5. $@urday logger

    What does “able bodied Zambian” have to do with this case? If he was on a wheel chair would his right to sue fall away?

    Reply
  6. Martin kamanga

    No one is above the law ;Article 15: Protection from torture, inhuman or degrading treatment or
    punishment
    This article states that the right to freedom from torture, inhuman or degrading
    treatment is absolute. In 1984 the United Nations General Assembly adopted
    the Convention Against Torture (CAT). Under this convention, state parties
    have an obligation to extradite or prosecute torturers.

    Reply
  7. Chrispin Chansa

    Am still thinking

    Reply
  8. Father D

    Still loading!

    Reply

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