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NEWS - The Public Can Arrest any La



Subject: NEWS - The Public Can Arrest any Lawbreaker

The Public Can Arrest any Lawbreaker

               Africa News Service
               29-JUL-99

               Lusaka (Times of Zambia, July 29, 1999) - Until I
exercised
               my constitutional right to compel a law-breaker to be
               accountable for his misdeeds, I had a scant knowledge of
a
               citizen's power to arrest. It is this mode of policing
which
               many Zambians including myself tend to neglect. 

               However, recently, I exercised this right for the very
first time;
               and it worked well. A fortnight ago, I boarded a minibus
from
               the University Teaching Hospital (UTH) to town. 

               As usual this minibus d river apart from over-speeding
was
               rude. Follow the sequence of events in their order: At
the
               Independence Avenue/Burma road junction, the traffic
lights
               were indicating red when the driver of the minibus
               deliberately moved to the filter lane leading to the
right. 

               As the lights turned green, the driver immediately cut in
front
               of the other vehicles almost causing an accident. Insults
               reigned from two motorists, one of them driving a
metallic
               blue Toyota Corolla. 

               "And you too," responded the driver of the minibus
               registration number AAR 7351, and fleet number LSK 262.
               Our journey continued as the driver kept changing lanes
to a
               point of failing to stop at Kamwala bus stop despite
               reminders by some passengers who were supposed to
               disembark. "I will leave you somewhere there you must
               always urgently tell the conductor where you'll be
getting off
               the bus," he told the three women in the Nyanja
equivalent
               with such arrogance. A surprise awaited those on the bus
as
               the driver stopped on the outer lane, opposite Luburma
               market, and told the women to 'drop off'. 

               This caused a bit of congestion as the other motorists
               hooted. As if this was not enough, the minibus driver
blocked
               the first lane of the Kafue roundabout as our
heartbreaking

               cruise into town continued, equally causing a traffic
jam. I
               complained to him and, another passenger chipped in. 

               The response to our complaints were reminders of how we
               should 'mind our own business.' The final straw came at
the
               Lumumba/Katondo road junction where the driver almost
               bumped into a school boy as he rushed to go past the
traffic
               lights which were about to turn red. He swerved from the
two
               lanes leading into Los Angeles road, went on an opposite
               lane leading into Freedom Way, in the process he almost
hit
               a boy who was leisurely crossing the two busy lanes but
               relaxed when he reached the other two lanes that were
free
               of vehicles. As usual he shouted at the boy. 

               It was at this stage that nearly all passengers on the
minibus
               were irritated and reminded the driver the importance of
               observing traffic rules. The answer was, utter
indifference,
               as expected. 

               I shook myself from my indifference and told myself the
man
               had to pay for his arrogance and utter disrespect of road
               traffic regulations. After leaving passengers at the City
               market bus stop, two of us remained as we were destined
for
               the Katondo Street Flash bus stop. As we entered the Los
               Angeles Road, the driver saw a police officer he had got
in
               trouble with previously. 

               He dangerously zoomed off the road and parked near
               Simoson building. I called the policeman and immediately
               explained what had transpired. 

               The police officer, I later learnt, was Constable
Matakala. He
               responded to my request to impound the bus, and ordered
               young-looking man to drive to Central Police station. 

               "No sir, these gentlemen are just fabricating this
story,"
               protested the truant driver. "These are very concerned
               citizens and for them to complain it means they are
fed-up
               with your actions. Let's just go to the police," Matakala
said.
               We drove all the way to the police were Sub-Inspector
               Milambo advised Matakala to record my statement. 

               The driver was charged with three counts among them
               obstruction of traffic and disobeying traffic rules. "You
must
               come with your driver's licence, the white paper and
motor
               vehicle insurance tomorrow morning. 

               This is very serious and we commend these gentlemen for
               reacting in the manner they did," Matakala said. Later,
as we
               walked together from the police station into the heart of
the
               City, the officer and gentleman, Matakala, made an apt
               observation of how Lusaka minibus drivers had now become
               notorious on the roads, pointing out that they were now

               causing unnecessary road traffic accidents. Lusaka
division
               police chief Bernard Mayonda commenting on the incident
               said all citizens regardless of their status had a
constitutional
               right to apprehend a criminal or anyone suspected to have
               committed a crime. "Your response was the best reaction
to
               the situation. I would like to commend you for the action
you
               took," he told this writer. 

               "We shall promote citizen's arrests as we are ready to
work
               with the people. The public need to know they have a
               constitutional right to arrest somebody where they
believe a
               breach of peace has been committed on reasonable
               grounds, or even when they reasonably suspect an offence
               is about to be committed," Mr. Mayonda intoned. 

               If road users, motorists, pedestrians, commuters all
ganged
               up against careless drivers, road traffic accidents would
               minimise. Many are the times when passengers take pride
in
               a driver who breaks traffic rules without consideration
to
               other road users simply because they are rushing for
work,
               business appointments or even when they are rushing
               nowhere, at all. 

               But we should all realise that the onus of maintaining
law
               and order is not a preserve of the police alone but all
               citizens. 

               By Features Writer 

               Copyright 1999 Times of Zambia. Distributed via Africa
News
               Online.