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Mwamba sues State over his phones

Filed under: Breaking News |
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Emmanuel Mwamba

…Demands Immediate Return of His Mobile Phones

Lusaka- Friday, 7th June 2024

Patriotic Front Chairperson for Information and Publicity, Amb. Emmanuel Mwamba has sued the Attorney General demanding for the Zambia Police to immediately return his mobile phones that officers illegally confiscated.

In a legal suit taken in the Lusaka High Court and filed on Friday, Amb. Mwamba said the phones were confiscated without reason or justification.

In the affidavit in support of the Petition, Mr. Mwamba narrated that in the early morning of 27th May 2024, he was with other leaders at Medlands Hospital after it was discovered that Petauke Central Independent Member of Parliament, Emmanuel JJ Banda was discovered and was being transfered from Kafue District Hospital to the Medlands Hospital.

He said a large contingent of Police Officers led by Lusaka Province Police Commissioner Creto Kaanza, were also present and were engaged in an apparent operation to remove Hon. Banda from Medlands Hospital and evacuate him to Maina Soko Medical Hospital.

He said however both the family and hospital staff objected to this movement which ensued into a brutal and forceful removal of Hon. Banda from Medlands Hospital.

He said in the ensuing chaos, many members of the family and other civilian persons present began to film the tussle.

This resulted in Police officers turning on citizens and confiscating phones including that of Amb. Emmanuel Mwamba.

He said he was told that the phones could be collected from Anti-Robbery Squad Unit room C5 at Lusaka Central Police Station, the team that was part of that night operation.

He said the following day on Tuesday, 28th May 2024, he followed up on the collection of his phone.

He said the Police released all other phones except that of Emmanuel Mwambas.

He said efforts to collect the phones have proved futile.

He said he proceeded to engage his lawyers who were unable to retrieve the phones from the Police.

It is for this reason that he has sought high court’s protection of his fundamental rights.

Mr. Mwamba is seeking remedies that include;
1. The Zambia Police violated his fundamental rights to property and privacy as guaranteed in Article 17 of the Republican Constitution.

2. That the Police were discrimanatory when they released all other phones except his and therefore contravened Article 11 of the Republican Constitution.
3. That the conduct of the Police violated Mwamba’s right to protection.
4. An order of court for the immediate return of his mobile phones.
5. Compensation for the loss of use of the phones during this period of unlawful confiscation.
6. Damages for the emotional distress caused by the action of the Police.

7. And legal and other associated costs.

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