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North-Western chief dragged to court over alleged abuse, torture, detention of three subjects

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Chief Jonathan, Eshron Mumena, of North-Western Province has been taken to the High Court by three of his subjects, who alleged severe physical and emotional abuse.

Loveness Mwanza, 56; Lawrence Kamasanyi, 46; and Salon Kalusa, 43, have filed a petition against Chief Mumena and the Attorney-General, seeking damages for alleged rights violations.

Mwanza, a subsistence farmer from the Kananga area in Kalumbila District, claimed to have suffered physical and emotional abuse at the hands of Chief Mumena.

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Kamasanyi, also a Kananga resident, reports enduring torture that left him with painful swelling and tenderness in his right scrotum.

Kalusa, who required ARV medication, alleged he was denied access to this treatment while in detention, resulting in severe body pain, swollen limbs, and significant health risks.

The petitioners argued that their fundamental rights under Articles 11, 13, 15, 18, and 22 of the Zambian Constitution were violated, alongside protections under the 1969 Protection of Fundamental Freedoms regulations.

They alleged that the Attorney-General failed to act on their formal complaint.

In their submission to the Lusaka High Court, the petitioners alleged that in January 2024, they were forcibly taken from their homes by individuals acting on Chief Mumena’s orders.

This detention reportedly stemmed from their possession of court documents, which the Chief perceived as a threat to his authority.

They claim they were confined in an enclosed metal container under inhumane conditions—without sanitation, ventilation, food, or adequate water—and subjected to verbal and physical abuse.

The petitioners describe being beaten, stomped on, soaked in fish water, and urinated upon in each other’s presence.

Kamasanyi, who sustained injuries, including swelling in his right scrotum, was allegedly denied medical care throughout his detention.

After their release, the petitioners filed a police complaint but claim no investigation or charges have been pursued against Chief Mumena or his associates.

They argued this inaction constitutes a breach of duty by the authorities and denies them justice.

The petitioners are seeking a court declaration that their detention, torture, and denial of medical care violated their constitutional rights.

They request a mandatory injunction directing the police, under the Attorney General’s authority, to investigate the alleged abuses and pursue criminal proceedings.

Additionally, they seek compensation for general and exemplary damages, a public apology, and reimbursement for incurred costs.

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