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The State has agreed to pay 10 United Party for National Development (UPND) members K1 million each as damages for false imprisonment and malicious prosecution on allegations that they were behind the burning of City Market in Lusaka.
This is according to a consent judgement endorsed by Lusaka High Court Judge, Situmbeko Chocho, with the Attorney General, Mulilo Kabesha, further agreeing to pay them costs in the sum of K700,000.
Michael Tembo, Njwau Sitali, Mainza Chongo, Mulenga Chileshe, Wonder Nakazuba, David Samba, Sitali Mukuni, Biggie Mubanga, Zhyinga Kahiata and James Hambulo sued the State claiming damages for the inhumane treatment they endured before law officers after being accused of arson in 2017.
The 10 were arrested on various dates between June and July of 2017 and detained for about 112 days . And, during the said detention, the plaintiffs claim they were tortured.
However, a nolle prosequi was entered against the plaintiffs in the Lusaka Magistrate Court.
“With respect to the above, the plaintiff will aver that they were arrested and detained without committing the alleged offence but for merely being suspected members of the then opposition UPND and therefore, without any reasonable/probable cause. The arrest and detention were malicious and politically motivated,” they stated.
The plaintiffs’ claims included compensation for loss of business in the sum of K280,000 each and K7,500,000 to all for false imprisonment and malicious prosecution .
They additionally demanded for compensation for legal fees in the sum of K550,000.
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