High Court sets guidelines on July 20 victims’ case

The High Court in Mzuzu has come up with guidelines for a case in which a businessman man and his mother are demanding compensation from government over an alleged assault by the then Karonga Police officer in charge during the 2011 July 20-21 protests.

The court earlier dismissed an application on the matter following non attendance. The matter was never restored and there were no guidelines as to how the case should proceed.

Surprisingly the case was listed for hearing on Wednesday a development that sent Mzuzu visiting Judge Ivy Kamanaga wondering how the case found itself on the judge’s desk.

Kamanga said the matter was not ready for hearing as it was dismissed and was not restored. She said there were also no guidelines on the case.

However she came up with guidelines rating the case as contentious and that it has to be heard in two days before one judge.

Kamanga called on state to serve plaintiffs’ lawyer with trial bundle (documents) within 30 days from Wednesday and the two parties seek date for hearing to be set in the first week of October. The matter has since been scheduled for October 1 2015 and will be heard by a visiting judge assigned in the month of October.

Senior State advocate Madalitso Kausi said the state will be ready with documents in the time frame the court has given. He said there are a number of things that the two parties have to look into before the matter comes up for hearing.

Plaintiff lawyer Tadala Tembo said his clients were assaulted by a police officer in Karonga on July 21 2011.  He said the officer went to Wakisa Mwenefumbo’s bakery where he threatened to shoot people in the bakery for opening the bakery and in the process he assaulted the Mwenifumbo who along his mother were also traumatized by the officer’s action

He said value of damage is yet to be assessed as court will have to determine if government is liable to compensate his clients or not

A number of people have sued government over the outcome of the protests that saw over 20 people being killed and several other wounded.

Police officers already started appearing before court to answer charges in relation to the killings and injuries