NRFA tells court Lusaka lawyer, Chirwa, not unlawfully detained in Chongwe toll gate face-off

The National Road Fund Agency (NRFA) has denied claims of unlawful detention filed by Lusaka lawyer Joseph Chirwa, insisting he was not entitled to damages following a toll gate incident in Chongwe.

In a defence filed before the Lusaka High Court, NRFA stated that Chirwa had presented an expired foreign toll receipt at the checkpoint, prompting toll officers to initiate standard verification procedures.

The agency said toll collector Susan Kankinda referred the matter to her supervisor, Rhodah Mukwashi, after observing that Chirwa’s toll fee had lapsed and needed renewal at a cost of US$20 or its kwacha equivalent.

Chirwa, who was travelling in a Malawian-registered Nissan Navara (BZ14638A) with his children, requested to move the vehicle from Lane 3 to the car park while the matter was resolved.

He remained inside the vehicle throughout the incident, while his companion Kristina Kaniki liaised with NRFA staff.

Kaniki reportedly informed officers that the vehicle was company-owned and contacted the fleet manager, who advised her to produce a valid Temporary Import Permit (TIP) issued by the Zambia Revenue Authority (ZRA).

The permit had not initially been shown to toll officers.

Upon presentation of the TIP, Mukwashi verified its validity but consulted the station manager before allowing the vehicle to proceed, due to concerns raised by the earlier expired toll receipt.

NRFA insisted the entire process was handled professionally and in line with Road Tolling Standard Operating Procedures, adding that it lasted only one hour and 22 minutes.

The agency argued that Chirwa was not unlawfully detained, noting that the car park where he waited was open and unfenced, with no security personnel restricting movement.

It added that had the TIP been produced at the outset, only a K20 inland toll fee would have applied.

Chirwa, however, contends he and his children were unlawfully held from 14:00 to 16:25 on November 23, 2024.

He is seeking damages for stress, inconvenience, and mental anguish, along with interest and legal costs.

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