High Court orders police IG to compensate an amputee for police brutality

The High Court has today ordered that the Inspector General of Police must compensate James Mbendera, a young boy aged 14 who was last year amputated at Queen Elizabeth Central Hospital, as a result of the injuries he sustained at the hands of the Police in Mulanje.

The Court heard that the young boy, who was 13 years old at the time of the occurrence, was tied with elastic rubber (mphira) and taken to Misanjo Police Unit in Mulanje District where he was kept in custody together with adults. He was allegedly left tied for four days, developing sepsis in his right hand and two left hand fingers, prompting an amputation.

According to the evidence in the court, the police did not inform the child’s parents or any responsible adult of the child’s arrest, and was denied food while in custody. It was also said that the child was put in the same cell with adults, which is contrary to the law.

Delivering his ruling dated the 19th day of June, 2015, Justice Mandala Mambulasa held that the use of excessive force amounted to torture and that the actions of the police in failing to failure to promptly inform the child’s parent or legal guardian as required by law was unlawful and unconstitutional.

“It is hereby declared that that the Defendant’s failure to separate the Claimant from adult offenders during detention is unlawful and unconstitutional. It is further declared that that the defendant’s refusal to provide the Claimant or allow him to access nutritious food during detention is unlawful and unconstitutional,” reads the order in part.

The Court has also issued an order mandating the Inspector general of Police to always to always comply with the rights under the Constitution and the provisions of the Child Care, Protection and Justice Act when dealing with children in conflict with the law and ordered that compensation be paid to child, which will be assessed by the Registrar.
James Mbendera who was suing through his mother, was being represented by lawyers Bob Chimkango and Uza Kaime, while the Inspector General of Police was represented by Ndoli Chiume and Benard Mbalati form the Attorney General’s Office. The Inspector General through the lawyers, told the court that they would not defend the matter after information had come out in the open which was conclusive that the police had acted outside their mandate.

The police officers Charles Mbewe and Stanley Chigaru, along with businessman Mavuto Chikhwaza, were last month found guilty of causing grievous harm with intent and were also convicted of neglecting their official duties and received an additional two-year sentence for their dereliction of duty by the Magistrates Court at Mulanje. However, all sentences were ordered to run concurrently, meaning they will each serve 10 years behind bars.