man get five years for heroin trafficking

THE High Court has sentenced a-36-year-old businessman of Choma to five years imprisonment with hard labour for trafficking in heroin and marijuana.

This is in a case Doubt Mwiinga of Shampande township in Choma is charged with two counts of trafficking in psychotropic substances.

On June, 1, this year in Choma, Mwiinga trafficked 74.48 grammes of heroin and also 20.3 kilogrammes of marijuana without any lawful authority.

When the matter came up for sentencing before High Court judge Kenneth Mulife, the state indicated to the court that it supports the conviction of the lower court.

Judge Mulife informed the prosecution and defense that he was satisfied with the conviction of the lower court and would proceed to sentence him.

But the defense lawyer, Martin Makinka argued that his client is a first offender who deserves leniency for having admitted the charge.

Mr Makinka said the lower courts have even meted out sentences between six months and two years’ imprisonment with hard labour for such offenses.

He said the quantity that was found with him is not equal to the magnitude of sentencing him to nine months imprisonment with hard labour is excessive.

And Judge Mulife said the records of the court shows that the decision to commit him to the High Court was because of the prevalence of the offense and quantity of the drugs involved.

He said the lower court notes that the drugs are menace to society.

Judge Mulife said this is a proper case for committing to the High Court for sentencing as the convict deserves nine years imprisonment with hard labour sentence.

He said his court agrees with the lower court that drugs are menace to society considering the quantity involved which is an aggravating factor in this case.

He said it is for this reason that his court needs to send a message to society by meting a deterrent sentences.  

“In the first count, I will send you to prison for four years imprisonment with hard labour and in the second count to five years imprisonment with hard labour,” he said.

“These sentences, I have imposed on you will run concurrently meaning you will just serve five imprisonment. You are informed of your right to appeal,” he said. End

namwala trio lands in jail for stealing a herd of cattle.

THE High Court has sentenced three peasant farmers of Namwala to seven years imprisonment with hard labour for stealing a herd of cattle valued at K56,000.

This is in a case Bizewell Shimini, Wisdom Shimini and  Prosper Muyaya are charged with stock theft.

On July, 8, 2017, in Namwala, the trio stole one herd of cattle valued at K56,000.

The matter was tried before the Namwala magistrate's court and it was committed to the High Court for sentencing.

The lower court felt that the minimum mandatory sentence is not sufficient for the number of stolen animals is high. 

 The state supported the conviction  and the committing of the case to the high court for sentence.  

In mitigation through their lawyer,  Brian Gombwa of Mak partners urged the court to take into account the type of livestock which was stolen and the reasons it was stolen.

Mr Gombwa said they are first offenders it is for this reason that the court should exercise maximum leniency.

He said they are remorseful for their actions and begs for the court's interventions of leniency.

And judge Mulife said he has considered their mitigation and would therefore be lenient on them.

He said however the offense they had committed was a serious one and he would punish them.

Judge Mulife said the offense of stock theft is quite rampant in southern province.

"It is the poor farmers whose economic activities are disrupted.

It is the duty of the court to protect the farmers. Meting out the minimum mandatory sentence is not working out in protecting poor farmers," he said.

Judge Mulife said there is a need to change this status quo by imposing harsh sentences.

He said this will send a message to be offenders.

Judge Mulife said the value of the cattle is significant and it is an aggravating factor.

"Therefore having taken into consideration of the circumstances of the case. I hereby sentence you to seven years imprisonment with hard labour. It is effective from 27 July 2017, when they were first reminded in custody," he said.

wildlife police officer walks to freedom on prejury

THE High Court has acquitted three Department of National Parks and Wildlife police officers of lying in court as the evidence was not sufficient to warrant the conviction. 

This is in a case Charles Kapindula, Charles Siame and Jeremiah Milimo were charged with perjury.

Evidence on record before High Court judge Kenneth Mulife is that the trio were privately prosecuted after Gabriel Phiri whom the trio had testified against him in the magistrate court for obstructing wildlife police to search his vehicle. On April 14, 2016 he was stopped by wildlife police officers so that they can search his vehicle but he declined.

Phiri was acquitted and he contested that the trio lied before the magistrate court. On June 6, 2016 the trio were acquitted at no case to answer stage. 

Phiri lawyer adrian Nkausu of AC Nkausu and company argued the trial court erred  when it acquitted the trio and dismissed the charge. 

 Mr Nkausu stated that during judicial proceedings the trio gave false evidence.

 He stated that the witness and court proceedings records submitted to the court have sufficient evidence to show that the trio lied in court.

And the trio s counsel major retired Isaac Masonga said the appeal is malicious.

 Major Masongo stated that no court or reasonable tribunal can support this case.

 He said it is mandatory to acquit the accused person if the evidence does not support the charge.

 And judge Mulife said he has considered the submissions of the parties. 

He said the evidence on record shows that the lower court had drawn more efference of evidence to acquit  Phiri and acquitted him, therefore the trio did not lie in court.

 Judge Mulife said the evidence does not show that the trio lied before court as Phiri witness had interest to serve and needed collaboration.

 He said the court records does not support the aspect that the trio lied in court.

Judge Mulife said his court would dismiss the appeal against the acquittal as it lacks merit. 

He said the appeal has failed and he would set the accused persons at liberty.

End

civil servants to stop in fighting against their departments

 THE Ministry of tourism Slyvia Masebo has called on civil servants
to stop in fighting against their departments in the country so that
they can foster national development.
She said there is no need for the people to fight over the
implementation of Government programmes.
Speaking in Livingstone at New Fairmount hotel during the UNWTO local
organising committee, she said too much time was being wasted on
talking than on implementation of the programmes.
“We must talk less and implement government programmes, as all the
programmes that are talking about are for the Government,” she said.
She said that she had observed that there is tendency by government
department and ministries to fight each other.
She said civil be mindful that whatever they doing was for the Zambian
people and that for the same Government and head of state thus no need
to fight amongst each other.
Ms Masebo said that civil servant should not undermine government programmes.
She also reminded those that were de-campaigning government programmes
to desist from doing so.
 She said there was need for the civil servants to do the right as not
was not good for the country.
“You should do the right thing so before you get me fired, I will also
ensure that you are the first to go,” she warned.
Ms masebo said that she would not want to be part of something that would fail.
“Don’t put my job on the chopping board because I will ensure that
yours is the first,” she said.
 The minister expressed disappointment the poor telecommunication
network in Livingstone from the mobile service providers.
 She said that she was shocked that mobile service provider was
charging her international charges for local calls.
She said the network in Livingstone is very irritating.
Charismar general manager Robert Macron called the UNWTO committee on
the entertainment to approach his hotel so that the arts can display
their artifacts.
A Livingstone resident Humprey Mhango also called on the need for the
private and public sector to have quarterly meetings.
 He said the information flow about what was going on in the public
sector was not there.
   End

airlines in the country to ensure that the give the country the best plane

THE Ministry of tourism Slyvia Masebo has called airlines in the
country to ensure that the give the country the best planes during the
forth coming UNWTO conference slated for August.
 Ms Masebo said that Livingstone should have more than just one airline.
 Tourism and Arts Minister Masebo and her counterpart Minister for
Transport, Works and Communications Christopher Yaluma met
representative of Kenyan Airways (KQ/KLM) and Emirates in Livingstone
on Monday afternoon.
During the meeting which was held at the Royal Livingstone hotel,
Tourism and Arts Minister Silvia Masebo said that tourists and
delegates coming into Zambia and a Livingstone in particular were
disadvantaged because there is only preflight airline operating
between Lusaka and Livingstone.
 “There is a feeling that the planes that get into Zambia, we want
quality planes to land into the Zambia,” Ms Masebo urged the airlines.
“You give us your best planes so that the people that will come to the
country will love to fly back into the country,” she said.
Ms Masebo said that flying into Livingstone is still a challenge, and
noted that Emirates had indicated that they had interests to land into
Livingstone.
 She said that there is need for Livingstone to be connected by the
airlines so that the yellow fever ban will not be an issue.
Ms Masebo said that yellow fever ban was part of business politics.
Ms Masebo said Lusaka and Livingstone there is only Pro-light as this
will cause a challenge and that there is need o see how best we can
work together.
 She said that there was need for the need for the airlines to have
direct impact on tourism.
Ms Masebo urged them to voice out their concerns.
“The president has directed all the sector ministries to speed up
decision making, and how best we can be assisted without a lot of
problems,” she said.
“We are luck that the minister of compunction is town the meeting was
called by the ministry of communication with tour operators working
with airlines,” she said.
She urged them to improve on domestic tourism and that the road
between Livingstone and Lusaka.
She commended the ministry of communication for railway line and the
dual carriage way that will connect the Copperbelt.
She said there was misconception that Zambia had been blacklisted from
the European Union.

 And KQ/KLM Country Manager Stephen Ngamau disclosed that the airline
has plans to open the Livingstone route ahead of the UNWTO general
assembly.
Mr. Ngamau revealed that the airline has already submitted its
application to the ministry and was currently waiting for a response.
He said that KQ/KLM will be operating directly from Nairobi to
Livingstone and also Mombasa, Nairobi and Livingstone.
KLN/KQ sales manager Angela Wasike said that Zambia tourist board had
approached her organisation for the rates that they would be able to
give to would be delegates to forth coming conference.
She said the rates would be made available to all its agents
throughout the globe.
Emirates sales executive Nobert Bwanga said their target was the UNWTO
conference.
He said that his airline has interest in flying in the numbers for the
UNWTO would submit global contract.
He said that the airline had made application to land into Livingstone
but not immediately.
Speaking at function Transport, Works, Supply and Communications
minister Yaluma said that the country has not been blacklisted as it
has been cleared.
The minister said that the Government had engaged the European Union
and that it was funded three million Euros to improve the aviation
sector.
He said that country was doing a pilot programmes with the equipment
and the training that the country has received.
Mr Yaluma has said that his ministry will do every possible to ensure
the successful co hosting of the UNWTO.
He said the Government through his ministry had longed the Harry
Mwanga Nkumbula and that it important that the airlines should use it.
 He said the new airport terminal will be completed soon by the end of May.
He said that airport is able to land big planes but not the 777.
He said that the airlines should make the full benefit.
“We need to ensure that this thing will succeed and we want all the
people to follow the right procedure,” he said.
He urged the airlines not to under estimate or undermine the UNWTO conference.
 He said that the concern of the ministry is how the country would
receive the number of delegates that would fly into the country.
“We want to do whatever is within our means help bring in more numbers
of delegates into the country,” he said
“We want to know what your plans are or whether you it feasible to fly
in the numbers,” he said.
Mr Yaluma urged the airlines to provide a full package flight through
the tourist sites in the country.
 He said that it was possible to fly into Mfuwe as it is an
international airport.
He said that the construction of Ndola would take three years as it is
a new one and the old one will be abounded as it is in the residential
area.
Livingstone chamber of commerce representative Miles Daka paid tribute
to the airlines for their consideration of thinking of landing into
Livingstone.
 He said the country was losing a lot of revenue as a result of not
having a direct flight into Livingstone.    End

UNION threaten to expose

THE Hotel Catering Tourism & Allied Workers Union of Zambia (HCTAWUZ)
general secretary Michelo Chizyuka has said there is need to put the
workers rights at the heart of the sustainable tourism and hospitality
of the country.
He said his union will expose all companies that do not allow their
workers to join unions.
He said in statement made available to the Times of Zambia in
Livingstone, the general secretary said that the union would list down
all the names of companies which hinder their workers joining the
unions for the sake of national participation.
“As unions we believe that sustainable development of tourism can only
be achieved when all workers rights are also taken into account,”
Mr Chizyuka said that workers in the tourism sector should be able to
exercise their rights to freedom of association.
He insisted that workers in this sector are great resources that
deserve full protection as already enshrined in Zambian constitution
and in our labour laws.
“This means that workers in the sector should be able to exercise
their rights to freedom of association and collective bargaining and
should be in stable and quality employment with decent conditions
wages,” he said.
He said that his union is calling for Sustainable Tourism and
Hospitality even beyond UNWTO.
 He explained that this meant the country needs to prepare for the
event and noted the focus should be in be in all areas of concerns.
“According to the UNWTO, sustainable tourism is tourism that leads to
the management of all resources in such a way that economic, social
and aesthetic needs can be fulfilled while maintaining cultural
integrity, essential ecological processes, biological diversity and
life support systems,” he said.
The secretary general advised encourage all anti-unions employers
loosen up their negative perceptions about unions.
 He said the union would remain great assets and resources within the
operations of the various businesses across the nation.
“ We therefore, demand that as we draw near the UNWTO all the workers
who have signed up STOP ORDERS FORMS to join the unions of their
choices must be given that leverage to freely be part of those
associations and participate in all activities as they wish,”  he
said.
He said that modern businesses spell that workers are partners in
running the businesses and must be adhered to in every aspect of their
concerns.
Mr Chizyuka said that the UNWTO must be stepping stone for sustainable
hospitality and tourism in Zambia now and beyond the UNWTO so that
besides copper and agriculture we can have another dependable
economical source and reduce poverty in the country.
“We challenge all non unionized workers in Zambia especially in this
sector who would wish to join unions to do so without anyone
stopping,” he said.

End

Maramba stadium set for UNWTO

By CHALIMULENGA
THE ministry of sports in southern province has kicked off the
preparation for the August 2013 United Nations World Tourism
Organisation (UNWTO) General Assembly by taking out the current
playing surface for the Maramba stadium in Livingstone.
Maramba stadium is earmarked for the closing ceremony of the UNWTO
general assembly where it is going to seat over 4,000 delegates.
Southern province sports coordinator Kennedy Mubanga said the Maramba
stadium is ear marked for rehabilitation.
Speaking in interview at Livingstone at Maramba where the works were
in process, Mubanga said the ministry of sports and the Livingstone
city council is working on the playing surface.
“We to plant kikuyu grass-root after resurfacing the grounds and
Zambia Air Force (ZAF) has offered us support as they have seconded
their grounds manager for Koloma stadium Mr Richard Phiri,” he said.
Mubanga said that terraces will be worked on as the current once will
be demolished.
 He explained that the full works on the rehabilitation of the
terraces will be in place once, the ministry of works and supply
completes the bill of quantities   report.
Mubanga added that they will be a bore hole and the terraces will be
put in place before August this year ahead of the UNWTO.
Mubanga said that once the rehabilitation works are done the stadium
would be multiple purposes apart from just soccer they will be other
sports activities that will take place.
“We want the grounds to be read before the UNWTO conference, we are
going to have a lot of entertainment on the ground through sports in
the Stadium,” he said.
Mubanga said the stadium belongs to the LCC and the ministry of sports
asked the council to close it in readiness for the stadium to bet for
rehabilitations.
Livingstone Pirates Football club secretary Fennix Liandisha said the
club was grateful to Patriotic Front (PF) government as it has good
policies of improving sports infrastructure.
He urged the supports to continue supporting Livingstone pirates that
will be playing at Busiku grounds at Busiku club.
End.