Written by on May 3, 2019


RUFUNSA police have apprehended Nelson Kapandula junior, the brother of Linda Kapandula, who has three children with her biological father, Nelson Kapandula in a case of incest that has shocked the family.


The family members of Ms Kapandula are in shock and wondering why the young man had been detained without any charge.
Family representative Francis Nyembo told the Sun in an interview that the police officers at Rufunsa police station had called him for questioning on Monday 29, 2019.

Mr Nyembo said he was questioned by two police officers in the presence of one of his relatives as a witness, who chose to remain anonymous.
And the witness said he was shocked to find Nelson Kapandula Jr. in cells.

When he visited him to find out what he was doing in police cells he responded that he had been put there because of the father’s case.
The witness said he went to the police cells to see one of his friends who had been arrested before he could go and discuss why his uncle, Mr Nyembo, had been called by the police.
He found Nelson Kapandula Jr. there and asked him why he had been detained.
“Why are you in the cells; were you fighting? He said ‘no, it is because of my father’s case which is in the media’. I asked him ‘what did you do?’ He answered, ‘l do not know. The police told me that the DNA results are coming from Lusaka’. I really felt bad and I left,” the witness said.
He said he then went to see the police officers to find out what was happening.
The officers released Mr Kapandula senior and the family members who had gone with him to the police station and the witness remained with his uncle, Mr Nyembo.


The witness said he was shocked to hear the two officers question his uncle why he had rushed to the media instead of going to them concerning the case of incest.
They also asked him why he was spreading rumours that some officers had allegedly been given K20, 000 so that Mr Kapandula senior could be released.

“My uncle [Mr Nyembo] did not answer them. I had to intervene in the matter. I asked my uncle if he had heard people talking about the money after Mr Kapandula was released from the cells.
Mr Nyembo told the witness he had heard about the bribe.
The witness said he asked Mr Nyembo if he had found out from Luangwa police why the senior Nelson Kapandula had been set free.
Mr Nyembo agreed that he had found out from the officers at Luangwa but they did not give him proper reasons.
He said he told the police officers that the issue was being talked about in Luangwa District.

For someone to be released without proper explanation people could be suspicious. “That is want l told them,” he said.
The witness said the family was now demanding new DNA results because they did not want an innocent person, Nelson Jr., to be imprisoned.

They are wondering why the police had released the initial suspect, Nelson Kapandula senior and detained the junior Nelson simply because they bore the same name.
“As a family we want new DNA test done because the old results can be tampered with and the wrong person jailed. Let’s have new samples so that the world can prove that the young man is innocent. He cannot be jailed for nothing,” he said.

Meanwhile, the Human Rights Commission says despite not carrying out its own investigations on the matter the whole story smacked of multiple human rights abuses.
Spokesperson Mweelwa Muleya said the alleged victim suffered sexual abuse and might have been taken advantage of based on her vulnerability as a person with a mental disability.


Mr Muleya said the case was a criminal offence of incest under Section 159 of the Penal Code, Chapter 87 of the Laws of Zambia.
“As the commission let me begin with a disclaimer that the Human Rights Commission has not done its independent investigation on this matter.

“However, it is important that the police continue their efforts towards ensuring that the victim has access to justice and the suspect is granted the right to equal protection of the law, where he is deemed to be innocent until proven to be guilty by a competent court of law,” he said.

Mr Muleya said the commission would monitor the case closely and undertake independent investigations.


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