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Kabimba sues government for false imprisonment

Kabimba sues government for false imprisonment
By Namatama Mundia
Sat 18 June 2011, 04:02 CAT

WYNTER Kabimba has sued the government claiming damages for false imprisonment at the Lusaka International Airport when he arrived from South Africa last week.

In a statement of claim filed in the Lusaka High Court, Kabimba, who is PF secretary general sued the Attorney General pursuant to the provisions of the State proceedings Act, Chapter 71 of the Laws of Zambia.

Kabimba said on June 8, 2011, he arrived at the Lusaka International Airport on board a South African Airways flight number 0066.

He said he was duly cleared by the Immigration office for entry into Zambia.

“As the plaintiff was leaving the arrival lounge through the ‘nothing to declare’ exit, an unidentified person standing in his way directed him to report to the ‘declaration’ exit. At the declaration exit another unidentified person informed the plaintiff that he wanted to conduct a search of his bag,” Kabimba said.

He said while he was attempting to commence the search, a third unidentified person arrived and advised that he accompanies the two persons to an office within the terminal building where the search would be conducted.

“The two persons were joined by another unidentified female and the trio led the plaintiff to an office near the VIP lounge west of the terminal building,” Kabimba said.

“Upon arrival in the office, one of the three persons informed the plaintiff that the trio were officers from Drug Enforcement Commission, an authority established to investigate drug trafficking and money laundering offences in Zambia. The officers informed the plaintiff that they were to conduct a search of the plaintiff’s travel bag and a plastic bag he carried as hand luggage.”

He said after the officers conducted a search on him, one of the officers, Brian Chakulya, requested the female officer to leave the office to allow for a body search which was carried out.

Kabimba said Chakulya also examined his passport.

“The search of the plaintiff’s pieces of luggage and the body search ended at 18:15 hours with the same yielding nothing as admitted by the officers themselves to the plaintiff,” Kabimba said.

“The plaintiff then asked to ben released by the officers since the search was over and the officers had returned to him his passport and his pieces of luggage but Brian Chakulya instead informed him to await the arrival of the Drug Enforcement Commission regional commander.”

Kabimba said he was kept under the guard of the three officers in the office under protest and without his consent up to 18:45 hours when he was released without the regional commander.

“By reason of the above premises the plaintiff has suffered damages for false imprisonment of his person, mental anxiety and apprehension,” he said.

Meanwhile, Kabimba has also sued Times of Zambia journalist Patson Phiri for libel in respect of the article he published in the newspaper dated May 24, 2011 entitled ‘LAZ finds Kabimba guilty of impropriety.

He also sued Phiri’s employers as second defendant for damages for libel for
publishing the said article in the Times of Zambia.

Kabimba in his statement of claim explained that on May 23, 2011, Phiri
telephoned him as he was in a meeting in Kitwe at the time inquiring about the
hearing involving him before the Law Association of Zambia legal practitioners
committee held on May 20, 2011.

“The plaintiff in response referred the first defendant to the Law Association
of Zambia for details and records of the legal practitioner’s committee
proceedings over the matter,” Kabimba said.

“The first defendant without any
reference to the legal practitioners committee records instead proceeded to
write a story which was published by the second defendant on Tuesday, 24th May,
2011 under the title ‘LAZ find Kabimba guilty of impropriety’ stating that the
plaintiff was found guilty of professional impropriety by the legal
practitioners committee in a case in which a Bank of Zambia employee, Phales
Chiwila, had complained that he misconducted himself when he represented her
over a dispute with her employers.”

He said according to the hearing before the legal practitioners committee on May
20, 2011, there was no finding of impropriety made against him as alleged by
Phiri and the Times of Zambia.

“By the words complained of in their natural and ordinary meaning the defendants
meant and were understood to mean that the plaintiff was professionally dishonest and untrustworthy as a legal practitioner,” Kabimba said.

He said he had severely been injured in his credit and reputation and has been brought into scandal, odium and contempt.

Labels: POLITICAL PROSECUTION, WYNTER KABIMBA

posted by MrK @ 4:37 PM