The Zambia Police says only the Director of Public Prosecution (DPP) Mutembo Nchito can explain what he means that the current law does not allow police officers to arrest any citizen found loitering at night.
Police spokesperson Charity Chanda Munganga told the Daily Nation in an interview that the DPP must know better what he meant that arresting people at night is illegal.
“I will not just issue a statement but all I can say is go back to Mr Nchito and seek clarification by what he meant,” she said.
Ms Munganga said she did not want to be seen as though she was fighting with legal minds over the matter.
“ I don’t want to be seen like am fighting with legal minds so please go back to him and ask him what he meant because your statement is attributing to him,” Ms Munganga said.
On Tuesday, Mr Nchito said there was no law that mandated Police to be arresting people found loitering at night.
Mr. Nchito said the police were overstepping their authority by arresting and charging people who were found moving at night as there was no law in the Constitution which gave them powers to do so.
He said this in Lusaka’s Garden Township when the Legal and Justice Sector Reforms Commission sat to receive submissions.
Mr Nchito was reacting to a submission by a Mr Rabson Msoni who complained of continued police arrests of people found at night.
But Mr Nchito observed that some people worked late in the night hence the need to allow them to move freely unless they were found in a situation suggesting that they were contemplating to commit criminal activities.