24/02/2022
ABOUT LOOTING FROM STATE COFFERS
By Sean Tembo - PeP President
1. In the last ex curia settlement which is in the public domain, the State agreed to pay K500,000 to the parents of Vespers Shimuzhila for the wrongful death of their 24 year old daughter. Vespers was a University of Zambia student who died due to suffocation when the Zambia Police tear-gassed the student hostels in an effort to quell a student protest at UNZA. Clearly Vespers had a full bright life ahead of her and the State determined that that life was worth K500,000. No legal fees were reimbursed to Vespers family in the consent judgement with the State.
2. Fast forward to this day, the State enters into another ex-curia settlement with Mukuni’s wife, Ackson Sejani + 3 others. This is for their wrongful detention by the Zambia Police service, a couple of days in police cells. The State decides that those couple of days in police cells are worth a whooping K500,000 to each of the plaintiffs, which totals K2,500,000. In addition to that amount, the State further agrees to reimburse K400,000 in legal fees per plaintiff. This means that each plaintiff will walk away with K900,000 for a few days in police detention.
3. We are not against the idea of the State compensating those who might have been injured by the actions of its agents, no. That is perfectly fine. But we oppose the exaggerated amounts awarded to the plaintiffs in this out of court settlement. How can the amount the State pays for wrongful death be lower than the amount paid for wrongful detention?
4. We are especially concerned because it is a well documented fact that Mukuni is a business partner and close ally of President Hakainde Hichilema. Ackson Sejani is a senior Government official and Chairman of the Local Government Service Commission. Therefore, the plaintiffs in this case are either Government officials or closely connected to Government. To us, these actions amount to pilferage of national resources through frivolous claims by individuals who are connected to Government. Besides, Mukuni’s wife, Ackson Sejani + the 3 others were NOT acquitted of their charges. The DPP merely entered a nolle proseque, meaning that their charges can be reinstated at any time. So why was the Attorney General’s Chambers in a hurry to reach an exaggerated out-of-court statement with plaintiffs who had not been acquitted by the State? Especially given the fact that senior officials of the AGs chambers are relations of Mukuni?
5. Given the clear conflict of interest between Mukuni’s wife + 4 others and the AGs Chambers, the state should have avoided reaching any out-of-court settlement. They should have allowed the matter to go to trial so that the court makes its independent pronouncement on both the verdict and the amount of compensation, if any. Had the amount of K500,000 + K400,000 legal fees per plaintiff come from the court, we would not have complained. But since it came from a conflicted and compromised AGs chambers and the plaintiffs, that is why we are complaining.
6. Every well-meaning citizen should be concerned with this apparent looting of national resources. This is not a political issue. It is an accountability issue. It is not about Sean Tembo making noise. It is about the UPND administration demonstrating that they are prudently utilizing taxpayers’ money. That they are not illegally sharing taxpayers money among themselves and their sympathizers through frivolous consent judgements reached between a compromised and conflicted Attorney General’s Chambers and UPND sympathizers.
Thank you.
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SET 24.02.2022
