The Livingstone High Court has awarded Veronica Mukuni and four others K500, 000 each as damages for false imprisonment and malicious prosecution.
This is in a matter in which the five were facing two counts of abduction with intent to confine, contrary to the laws of Zambia.
Her Majesty Veronica Mukuni was jointly charged with businessman, Fines Malambo, Ackson Sijani, Vincent Lilanda and Javen Simooloka for allegedly abducting Pheluna and Milton Hatembo.
However, the state entered a nolle prosequi after several adjournments in the matter.
The Five later sued the State demanding K2 million each as compensation for false imprisonment and Malicious prosecution.
In a consent order dated 14th February 2022, the Livingstone High Court has also ordered the State to pay K400, 000 legal costs to the plaintiff advocates.
The Hantembo’s claimed that they had gone into hiding following threats on their lives.
Only in upnd where rich entitled tribalists award themselves damages for nothing. Anyway mukuni wlfe is very handsome. Kwati ni caster semenye hahaha
This is too quick to believe.
Why should the state pay for individuals mistakes. Let those who were involved pay ie nawakwi, home affairs minister kampyongo, IG kanganja and individual officers involved in the arrest of those people. If they don’t have money get from their benefits and pension . For nawakwi you can grab the sausage factory.
Look now what lungus criminality is costing Zambians…………
Lungu, kapoyongo and other gang members should be made to pay somehow……….
I wonder what it will cost to settle the ‘treason’ charges after the debacle in Western Province
#5 mathew
I don’t think that the man at plot 1 should drag his gvt to court after winning the election ?
Does entering Noelle prosequ mean a case has been won to proceed with awarding damages? Would like to hear from law experts on this.
In any case, a precedence has been set. Soon the so called PF clique of thieves will also get away with damages from public coffers because of the law enforcements unprofessional conduct. Is this what we’re paying tax for?
Lazy Lungu and his brutality still costing the nation dearly!
@7, a nolle doesn’t warrant awards for damages since the case is still open. You can only claim damages after an absolute discharge.
This is a terrible precedent, notwithstanding the bogus charges the accused faced at the time.
Additionally, this is what happens when the President appoints the AG, this was simply a consent agreement that our AG agreed to, since Mukuni and group are UPND members.
We have also seen a very quick consent agreement entered into concerning Clayson Hamasaka, the former lecturer at Evelyn Hone.
We are reducing our AG to a rubber stamp now, they act for the interest of the party and not Government.
Chiza Chirwa – You can still sue the state …refer to HH Vs the State with was discontinued. How are the state going to defend itself since they have insufficient evidence.
#9 & 10 Suppose the case is reopened what happens to the money.
@Tarino, you can sue. The chances of such a case succeeding though are near zero, since you still have an open case.
What happens if the state commences the same criminal prosecution, and supposedly the Hatambos do state that they were, in fact, abducted by the accused persons?
One of many reasons why nolle is disliked is because it serves to protect the state from being sued for wrongful prosecution.
This precedent is a dangerous one indeed. An example, a powerful foreigner murders someone in Zambia by careless driving, his country makes noise, we enter nolle, he goes back and sues the country for millions, enter a consent agreement?
@11, this is why I am saying this is a terrible precedent. You can’t sue for wrongful prosecution when your case is still open.
@10, the case you are referring to, this is the one where HH and group sued for wrongful imprisonment? That case couldn’t proceed when HH was sworn in as per Constitution.
Alas, entering a consent judgment for cases under nolle is illogical, irrespective of the intention of the prosecution, or the strength of their evidence against an accused.
These steep public costs fall on PF misrule.
This is terrible.This is not a way of fixing things,this is purely’Chipantepante’.A nolle is still open for re-opening.