‘Govt not liable’, Attorney-General shrugs off demand to pay damages for assault committed by ex-Army officer

Former Zambia Army Commander, Paul Mihova, was not acting in official capacity when he allegedly commandeered a team of soldiers which led an attack on Vice-President Mutale Nalumango’s Press Aide, Njenje Chizu’s home, damaging property and assault, the State has told the Lusaka High Court.

In defence, Attorney-General, Mulilo Kabesha, submitted that the team of soldiers who allegedly went with the ex-commander on the material day was not acting on instructions of the State.

Kabesha submitted that the State should not be ordered to pay damages to Chizu and his family, because it had no role to play in the alleged siege.

“That whatever acts alleged to have been done by the former Army Commander were done in his personal capacity and not as an agent of the State,” he said.

In this matter, Chizu and his wife, Chimwemwe, are demanding damages for trespass and the damage caused to their property which included household goods.

They are also seeking damages for mental torture stating that the attack was done in full view of their son, who has been left traumatized.

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