Malicious prosecution makes Mwaliteta K900,000 richer

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UPND Lusaka province chairman Obvious Mwaliteta and four others are in a compensation bonanza as the State has rewarded them K900, 000 each over their malicious prosecution after the 2016 general elections on a trumped up charge of aggravated robbery.

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Mwaliteta, Evans Mukobela, MacMillan Shimukonka, Laswell Phiri and Emmanuel Mumbi sued the State in 2019 over their arrest and prosecution for aggravated robbery from August 14, 2016 to August 8, 2017.

The five were accused of stealing a handbag, K350, a blackberry mobile phone worth K4, 000 and statements for the announcement of results (gen form 12) from officers of the Electoral Commission of Zambia at the ECZ head office in Lusaka’s longacres area.

Mwaliteta and his former co-accused were seeking compensation for malicious prosecution and false imprisonment.

The five demanded that the State indemnifies them K900, 000 as there was no reasonable grounds to suspect that they stole the items as alleged by ECZ officers, when they tried to protect their election and maliciously prosecute them.

The plaintiffs entered into a consent agreement for payment as the State could not enter defense in the matter.

According to the consent judgement the State and the accused’s lawyer Zevyani Sinkala of Messrs ZS Legal Practitioners resolved that the quintet will be paid K900,000, each as damages.

The state will foot their legal fees cumulative to K200, 000.

Judge Charles Kafunda who authorized the agreement by the parties said the settlement agreement shall serve as a covenant for all the claims in the matter.

By Mwaka Ndawa

Kalemba November 30, 2023.

2 COMMENTS

  1. You reported that Adolphus Mubanga is GBMs nephew but he is not. He is GBM’s wife Chama”s young brother.

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