Selective Application Of Law Is High In Police, Mpongwe Cop Tells Court

CHIEF Inspector Joseph Mtonga of Luanshya Police has told court that selective application of the law is very high in the Zambia Police Service.

And Mtonga says it was cruel to arrest Hakainde Hichilema and his vice Geoffrey Bwalya Mwamba based on PF complaints when police were not on the ground, further revealing that instructions came from “bosses”.

This is in a matter in which Hichilema, the UPND president, and his vice GBM are charged with three counts of seditious practices and unlawful assembly contrary to the laws of Zambia.

In count one and two, Hichilema and GBM were charged individually with seditious practices contrary to the Laws of Zambia.

In count three, the duo is jointly charged with unlawful assembly contrary to section 75 as read with section 74 of the penal code and regulation of the Public Order Act.

It is alleged that accused number one, Hichilema, 54, of house number 14/38, Sable road, Kabulonga on September, 26, in Mpongwe conspired with others unknown to bring into hatred, incite violence, resistance and disobedience to the administration of the elected Government of Zambia by uttering words namely “nga taba mufumishe Matambo, epo ulubuli lwalatampila”.

In count two, GBM, 57, of house number 10, Roan road, Kabulonga, was charged with seditious practices.

It is alleged that on September, 26, in Mpongwe, GBM, who is accused number two, had conspired with others unknown to bring into hatred, incite violence, resistance, and disobedience to the administration of the elected Government of Zambia by uttering words namely “ifwe pano ngaba UPND tulwile twakana iyi government yakwa Lungu; nga bamyeba ati kuli ama meeting yaba Lungu, mulekana pantu president wesu ni HH”.

In count three, the duo is charged with unlawful assembly contrary to the Laws of Zambia.

It is alleged that on September, 26, in Mpongwe, being in a public place, jointly and whilst acting together with others unknown convened and assembled unlawfully with intent to carry out some common purpose without notifying the regulating officer.

When the matter came up for continued trial before Ndola magistrate John Mbuzi on Wednesday, Mtonga, 49, of 385 council houses in Mpongwe, said on the material day, he saw a group UPND members gathered while he was reporting for work in a public bus.

He testified that he did not stop to inquire of the meeting because it was peaceful and calm while UPND members were singing in a jubilant mood.

“On my way from Luanshya to Mpongwe using public transport, upon reaching Mpongwe-Kapiri junction, I found a group of people gathered. I noticed that the people were putting on UPND party attire and I got concerned because there was no notice from my office. Among the people gathered was Honorable [Rasford] Bulaya (Mpongwe UPND member of parliament) and Reagan Njovu, a UPND member. They were waiting for their two leaders en route to Kitwe. But when I reached my office, I started organising my officers with a view to disperse the gathering,” Mtonga told the court.

“I did not see the two leaders address the gathering and there was no disturbance. The UPND have not been allowed and given the privileges according to article 23 (of the constitution). It was unconstitutional for the police to deny the UPND privileges to gather.”

Asked by the defence if the UPND leaders had no right to greet people, Mtonga said it was not an offence for UPND members to wave at their leaders and be greeted.

“They did not convene the unlawful assembly as charged. It was cruel to arrest the two leaders and deny them police bond, while we were not on the scene but based on the (PF) complaints to the DC,” he said.

Asked in cross examination if the PF cadres had reported to him or the District Commissioner, Mtonga said; “PW1 (George Kalumba) and PW2 ( Judith Kalunga) were lying before court. Yes, they are lying. I am the only one telling the truth. So get my evidence. I am aware that the DC is a PF cadre. As a civil servant, one should not be a party member. I am very much aware that the DC is a PF member.”

He said the offence was committed before the two leaders came because people had already gathered illegally.

Mtonga, who was so confident and composed, said he followed orders from his bosses.

“My bosses are better positioned to answer than me. Mr David Gondwe ( Luanshya district commanding officer) ordered us to write the charge from Luanshya. (He) is the one who ordered to generate the report. The offence was committed before the two leaders had arrived. We targeted the people who did not address the meeting. Selective application of the law is high in police. Those two didn’t deserve to be arrested and detained unfairly,” testified Mtonga.

After spending the whole day with three witnesses testifying, the defence applied for an adjournment.

Magistrate Mbuzi then adjourned the matter to June 8 and 9 for continuation of trial.

Earlier, a PF cadre told the Luanshya Magistrates’ Court that Hichilema and GBM had the right to meet people.

George Kalumba, a PF cadre based in Mpongwe, said he only saw the two UPND leaders addressing people.

“Yes, they have a right to move and speak to people. Yes, there is nothing wrong for a leader to address and thank his supporters. But I was upset to see the people celebrating and that is why I reported to the DC. Us in PF, we report to the DC first not police,” Kalumba told the court.

However, in cross examination, Kalumba said he wanted to change his statement of what GBM had said at the meeting.

“I am changing the statement that I did not stand 40 meters away. But I came close and was listening to what was said. I was not happy because I am PF. But there is nothing wrong for them to address supporters.”

And another witness, Judith Kalunga, who introduced herself as the Mpongwe PF commander, said she did not hear anyone incite people to rise against the government.

“I did not hear anything, anyone inciting the other to rise against the government. I did not hear anyone inciting anyone to break the law. There was no violence and no one was beaten. I did not hear any mention of Edgar Lungu,” Kalunga responded as she kept answering “I don’t know” to questions.