By Bright Tembo
LUSAKA lawyer Celestine Mukandila says he is going to eat part of Luapula Province commissioner of police Mwala Yuyi’s pension by suing him for ordering his illegal detention in Kawambwa recently.
Mukandila says he will also sue Attorney General Mulilo Kabesha over his illegal detention.
He said in an interview yesterday he would sue Yuyi in his personal capacity as commissioner because he made “a very negligent act” of instructing his officers to record a warn and caution statement from him without investigating.
“That one, it’s better we share his pension,” Mukandila said.
He said people should not give instructions based on political instructions.
“I am serving Yuyi, the commission of police for Luapula and the Attorney General for the unlawful dentition. I am suing Yuyi in his personal capacity as commissioner because he made a very negligible act of instructing his officers to record a warn and caution statement without investigating,” he said.
“That should be a lesson to police to police officers who should remain professional. They can’t decide to be operating like cadres. When you are a police officer or when you are in government, you must operate on the basis what the civil service’s dictates,” Mukandila said.
“You can’t decide to make a statement because you want to settle political scores on people who you don’t even know. I want to send a very strong massage to the police as well as those in the civil service. If they have to take up a decision to arrest or a decision to inconvenience someone on the premise that they are abrogating their constitutional right they should be ready for the backlash especially that they is huge possibilities for someone coming for them in their personal capacity.”
He condemned Yuyi for being unprofessional.
“I’m hopeful that Mr Yuyi knew what he was doing by directing his police officers to lock us up. I’m a counsel. You can’t detain me. That is a dent on my reputation. You detain me on unsubstantiated claims. No, we can’t allow that. On the other hand I am hopeful that the police officers will be professional in their conduct of duty.
“As they receive instructions, they should not be political instructions that are intended to injure people that the State intends to injure and should be a basis for one to be transported to Mazabuka because some politically charged carders decided to report Hon. Nakachinda on offences that cant stand.”
Mukandila said the police should act professional and investigate matters till the end.
“My take is that it is important for the police to remain professional. Let them investigate. Matters of such a nature can be handled by the head office here and as human rights defenders, we need to ensure that the police delivers on the basis of the existing laws,” he said
“Remember we have been citing the Mandela rule which requires that suspects should not be transported to such areas because that is a degrading punishment that is inhuman. You can’t treat suspects in that manner. You leave suspects within the confines of their affordability.”
Mukandila said it was only right that police applied professionalism in accordance with the provision of the law.
“And let’s not be lured into responding to political instructions foregoing the duty that we have to serve the nation and protect and defend the constitution.”
Mukandila was arrested and detained with former Patriotic Front (PF) deputy secretary general Mumbi Phiri and another Tonse official during campaigns for the Kawambwa parliamentary by-election.
But they were released later after Director of Public Prosecutions (DPP) Gilbert Phiri refused to grant permission for prosecution saying there was no evidence to support the charge of aggravated robbery.
Mumbi has also announced that she will sue the state for her detention.
