I illegally disrupted and interrupted a peaceful demonstration, Senior Police officer confesses

A senior Police officer has told the Lusaka Magistrate Court that he illegally disrupted and interrupted a peaceful demonstration on 29^th September,2017 on the procurement of 42 fire engines at a total cost of US$42 million.

This is in a matter in which Alliance for Community Action Executive Director, Laura Miti, musician Fumba Chama popularly known as Pilato, PeP president Sean Tembo, ZCSD Executive Director Lewis Mwape and two others are charged with disobeying lawful orders for staging a peaceful protest at Parliament against the procurement of 42 fire engines.

Chief Inspector Anthony Phiri of Emmasdale Police station who was testifying as a state witness told the court during cross examination that he indeed stopped the protesters from exercising their constitutional right when he disrupted and interrupted their demonstration.

When the matter came up for commencement of trial before magistrate Mwaka Mikalile, Chief Inspector Phiri told the court on the day in question, he led other police officers who were positioned at parliament to maintain peace and order,  and ensure that those who  entered parliament were invited guests  and members of parliament.

Asked during cross examination by the defence team led by Keith Mweemba whether he was aware that the accused had the right to hold a peaceful demonstration, and that freedom of expression was on the principles of democracy, Mr Phiri agreed in the affirmative.

Mr. Phiri however, told the court that he acted on his own instructions to arrest the accused persons and prevent them from proceeding to parliament.

He said he was not aware that the accused in fact had written a notice to the police for the same demonstration.

Mr Phiri was quick to mention that the accused were arrested because other people who were not happy with the demonstration came on the scene, without disclosing who these people were and where they were coming from.

Asked whether it is mandatory under the public order Act for the police to respond to a notice or give an alternative date, Mr Phiri agreed in the affirmative.

He further admitted that the police had breached the Public order Act when they failed to respond to PeP president Sean Tembo’s notice for a demonstration addressed to Inspector General of Police Kakoma Kanganja.

The matter has since been adjourned to 10th August, 2018 for continued trial, while all the accused remain on bail.