Probe Mongu riots cops' sexual abuses - report

Probe Mongu riots cops' sexual abuses - report
By Mwala Kalaluka and Masuzyo Chakwe
Mon 05 Mar. 2012, 11:59 CAT

THE Rodger Chongwe commission of inquiry on the Mongu killings says the Judicial Complaints Authority should investigate the magistrates who tried Mongu riot suspects in Mumbwa because of the inhuman treatment and injustice the accused suffered.

And the Chongwe commission says criminal investigations should be instituted against police officers alleged to have committed sexual offences against women and schoolgirls as a way of prosecuting them over last year's Mongu riots.

In its summary of conclusions and recommendations contained in its confidential report presented to President Michael Sata last week and accessed by The Post, the Chongwe commission of inquiry, however, says the Judicial Complaints Authority JCA just exists on paper.

"The Judicial Complaints Authority should investigate the conduct ofthe magistrates who tried Mongu riot suspects in Mumbwa, especially in the case of a reformation order against a juvenile without a report from the Social Welfare Department or guardian of such juvenile present," the report reads.

Among the magistrates that presided over the Barotseland Agreement-related Mongu riot cases in Mumbwa are current Lusaka chief resident magistrate Joshua Banda, Lusaka magistrate Lameck Ng'ambi, now deceased Lusaka magistrate Lwiindi Hatwiko and Mumbwa-based magistrate Christopher Matipa.

The commission of inquiry told President Sata that while it was possible to recommend the charging of the judicial officers involved in the Mongu riot cases in Mumbwa through the JCA, it would be appropriate to recommend that Zambia undertakes major judicial reforms.

"It is hoped that the new administration will embark on this as a matter of extreme urgency," the report read in part.

The commission of inquiry observed that the Pixie Yangailo-led Human Rights Commission and the Chief Justice Ernest Sakala-led Judiciary did not discharge their duties in accordance with the law in the Mongu riots case.

"The Human Rights Commission, being a key organisation in promoting and protecting human rights, should be seen to be independent and uphold human rights," the report reads further.

The Commission recommended that in view of the foregoing, there was a strong case to support the demand for compensation for all victims on account of the loss of lives, property, livelihoods, injuries sustained, torture and wrongful arrests and detentions.

"All the victims of Police brutality and negligence should undergo thorough medical examination at first level or referral hospital at government expense to ascertain their medical status," the commission recommended.

"Government should offer an unconditional apology to the victims and/or families for the loss of lives and property as well as trauma they suffered as a result of failure of the leadership to protect life and property."

The commission of inquiry also recommended that the government facilitate the return to schools of, and offer full bursaries to, detainees who were school-going at the time of their arrest.

And in one of its conclusions, the commission of inquiry recommended that investigations be instituted against police officers alleged to have defiled, raped and impregnated women and schoolgirls with a view of prosecution.

"The police and other law enforcement agencies should work in full consultation with the Provincial Administration. It appears that the Provincial Administration played a significant role in this matter," the report reads.