By 
UPND member, John Chihinga, and the estate of the late Matakala Nyambe have taken legal action against the Attorney-General, citing wrongful detention, torture and malicious prosecution.
Chihinga, serving as the constituency youth chairperson for the United Party for National Development (UPND) in Mongu, stands as the first plaintiff while the second plaintiff, Imasiku Kamayoyo, represents the estate of Nyambe, who was district chairperson for UPND in Mongu and deputy Mayor for the Mongu Municipal Council until his death.
According to the claim at the Lusaka High Court, on August 3, 2018, both Chihinga and Nyambe were unlawfully detained and maliciously prosecuted for allegedly causing malicious damage to a Land Cruiser and committing assault.
The plaintiffs contended that they were nowhere near the scene of the crime, asserting that their arrest and prosecution were motivated solely by their political affiliations with UPND.
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The lawsuit alleged severe misconduct by law enforcement officers.
It stated that Chihinga and Nyambe were tortured by police officers, including CIO Glory Lungu, under the supervision of Edgar Nkowani, the officer in charge at Mongu Central Police Station.
They claimed to have endured five days in police custody before being remanded at Mongu Correctional Facility for approximately 60 days.
Their release was eventually secured on police bond after persistent efforts by their legal team.
At trial, the case against them fell apart despite a prolonged and costly process involving 13 witnesses.
Ultimately, the charges were withdrawn and both men were acquitted.
The plaintiffs argued that the prosecution had no reasonable or probable cause and was driven by malice.
It was alleged that Nyambe’s business ventures, including a transportation company with minibuses and a driving school, suffered significantly as he had to divert his attention from managing his enterprises to fighting the criminal and political persecution.
The plaintiffs seek damages for wrongful detention, stress, trauma, and malicious prosecution.
They are also claiming special damages amounting to K405,000 to cover legal fees, transport and other related expenses, along with interest on these amounts.
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