The Lusaka High Court has ordered Chief Mumena and the Attorney General to jointly pay more than K600,000 to three members of one family after finding the traditional leader unlawfully detained, tortured and forced them into labour over accusations that they held court documents challenging his authority.

Judge Geoffrey Mulenga ruled that Chief Mumena, whose real name is Jonathan Eshron Mumena, must personally pay K5,000 to each petitioner and publish a public apology in a newspaper of nationwide circulation within 30 days.

The ordeal began in January 2024, when Loveness Mwanza, Lawrence Kamasanyi and Salon Kalusa, all of Kananga area in North-Western Province, were forcibly taken from their homes on the chief’s orders. They were held in a metal container without basic sanitation or ventilation, assaulted, forced to perform labour and denied adequate food, water and medical care.

For Kalusa, who depends on antiretroviral medication, the consequences proved especially severe. He was cut off from his treatment during the detention, causing his health to deteriorate seriously. The family later filed a petition against the chief and the Attorney General in November 2024, arguing that their constitutional rights had been violated and that the State had failed in its duty to intervene once it became aware of the abuse.

Chief Mumena never appeared in court to answer the allegations. In his judgment, Mulenga noted that although duly served with court process, the chief neither entered an appearance nor led evidence in rebuttal, leaving the petitioners’ account of events entirely unchallenged.

The court found that the petitioners’ rights under Articles 11, 13, 14, 15, 17 and 22 of the Constitution had been violated. Mulenga further held the Attorney General jointly and severally liable, ruling that the State had failed to prevent or stop the abuses despite being aware of the petitioners’ unlawful confinement and mistreatment.

The judge described Chief Mumena’s conduct as displaying “contumelious disregard” for both the petitioners’ constitutional rights and the authority of the court, noting that he had ignored court summons and shown no remorse throughout the proceedings.

Mwanza was awarded K175,000 in damages for unlawful detention, battery, torture, forced labour and inhuman treatment, plus K30,000 in exemplary damages, bringing her total award to K205,000.

Kamasanyi, who suffered permanent injuries including swelling and tenderness to his right scrotum, was awarded K185,000 in compensatory damages and K30,000 in exemplary damages, for a total of K210,000.

Kalusa was awarded K185,000 in compensatory damages and K35,000 in exemplary damages for the deterioration in his health, giving him a total of K220,000.

Beyond the compensation, Chief Mumena must personally pay K5,000 to each petitioner, while the petitioners were also awarded legal costs to be agreed or taxed.

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