woman human trafficks two children from Zimbabwe to Zambia

THE magistrate's court has committed a 22 year old woman to the High
Court after finding her guilty of stealing two children from a market
in Harare, Zimbabwe thereafter trafficked them across the border to
Livingstone.

This is in a case Yvonne Nyirongo is charged with two counts of human
trafficking.

In the first count he trafficked a six year old child and in the
second count, he trafficked 10 year old child.

Evidence before chief resident magistrate Willie Sinyangwe said is
that on the material period, Nyirongo travelled to Harare, Zimbabwe.

Whilst in Harare, she travelled to Matipisa market, where she was
staying, she saw two girls, whom she enticed with jiggies.

She then went with the children to the bus station where she boarded a
bus to Bulawayo then connected to Livingstone.

The mother of the children discovered they were missing and they
reported the matter to Matipisa police station, Zimbabwe.

Where it was explained that the ten year old was carrying a six year old.

Nyirongo went to God Knows area in Dambwa Site and Service township,
she approached the boyfriend Boyd Chipeka, whom she informed that she
had given birth to her child and needs child support.

Chipeka asked her why she had not informed him about the pregnancy.

Chipeka arranged for a family meeting to discuss the matter.

It was during the meeting of the two families that it discovered that
the two children had been trafficked from Zimbabwe.

She was conveyed to Livingstone Central Police with the children where
she was detained to help with investigations.

The police in Zimbabwe were informed and the parents, they travelled
to Livingstone, where they identified the two children.

Nyirongo was then charged and arrested for the subject offense of
trafficking, she admitted the charge.

She had no justifiable to traffic the children into Livingstone.

Nyirongo told the court that the facts were true and correct.

And magistrate Sinyangwe said having heard the facts of the case, he
would convict her accordingly.

National Prosecution Authority advocate Michelo Sibwani said she is a
first offender.

And Magistrate Sinyangwe said the minimum mandatory sentence is beyond
his sentencing powers, he would therefore commit her to the High Court
for sentencing.

He said in the meantime she would be remanded in custody.

End

careless driver fined K3,000

THE High Court has fined a-34-year-old driver K3, 000 for causing the death of a person who was lying on the road.      

This is in a case, Innocent Mubita is charged with causing death by dangerous driving.

Evidence before High Court Judge Kenneth Mulife is that on August, 5, this year, in Livingstone, around 00:00 hours.

Mubita was driving a Toyota corolla bearing registration number AJB 776 on Nakatindi road.

Mubita was driving from eastern direction to the western direction whilst Sidney Kazembe lying on the road struggling to stand up and walk.

On the fateful day, Herbert Mulamfu found Kazembe lying on the road on the other lane.

Kazembe was struggling to stand up and move away from the road.

Mulamfu decided to stop and help Kazembe and whilst doing that Mubita appeared driving at high speed heading in the western direction.

 Mulamfu then signalled to Mubita by flashing his lights towards him so as to alert Mubita of what was going on but Mubita ignored him.

Due to Mubita’s failure to read the traffic situation even when he was signalled to stop and also failure to reduce his speed, he ran over Kazembe who was in the other lane.

As a result of Mubita’s actions, Kazembe sustained a fatal injuries was rushed to Livingstone Central Hospital by Mulamfu where he later died.

The matter was reported to the police, who visited the scene.

A sketch plan not to scale was drawn by sergeant Kebby Samalumo of Livingstone Central police and Mubita was apprehended.

A post mortem examination by Dr Taras of Livingstone central Hospital revealed that the cause of death to be internal bleeding due to rupture of the liver.

Road Safety and Transport Agency conducted an examination which revealed that the cause of the accident could not be attributed to any vehicle mechanism failure nor system malfunction.

In mitigation, Legal Aid Board lawyer, Martin Mankinka asked the court to be lenient on his client as he is father of four children.

He said he is remorseful for having caused the death of Kazembe.

And Judge Mulife said he has considered the mitigation and that he is first offender who deserves leniency.

He said the offence is prevalent and there is loss of life so he would punish him to deter others.

Judge Mulife said he would fine him K3, 000 or default three months simple imprisonment.

He ordered that his driving license should be suspended for six months.

He also reminded him to appeal to the court of appeal if he was not satisfied with the sentence.  

 End

man kills wife

THE High Court has sentenced a-65-year-old farmer to eight years imprisonment with hard labour for killing his wife, whom he had lived with for 20 years, after a domestic dispute

This is in case Charles Hampekema, who is also a builder, of Chisekesi, Chabota section, Monze, is charged with manslaughter.

On April, 22, this year in Monze, he unlawfully caused the death of Prisca Mwiinga, when the matter came for plea, Hampekema told the court that he had understood the charge and admitted it.

Evidence before high Court judge Kenneth Mulife is that on April, 16 this year, Hampekema came back from his usual drinking spree where he had gone.

He found the wife whom they had been married since 2002, and they used to have often arguments after Hampekema comes back from a drinking spree.

On the material day, the wife was selling her merchandise at the road side near home whilst her husband sat next fixing his axe with a hammer.

It was during this time that an argument broke out and a fight ensued.

In the process Hampekema took a hammer and hit her on the head, she got injured.

She got swollen and continued to be nursing her injuries at home.

The condition worsened and she was rushed to the hospital and where her condition got worsen and she eventually died.

The brother to the deceased reported the matter to the police and he was apprehended.

In mitigation, Legal Aid Board, lawyer, Lora Macha said he is remorseful for having caused the death of his wife for 20 years, whom they had 12 children and with 10 grandchildren.

Mrs Macha said his youngest is eight year old, who depends on him.

She said her client being a farmer can contribute the food basket development.

Mrs Macha said he is traumatized for his action of having caused the death of his wife, which is punishment as he prays for leniency from the court.

And in sentencing him, judge Mulife said this offense of manslaughter is prelevant in southern province.

He said this offense is Gender Based Violence (GBV) which is a danger to the women or girls in the province and government has put in a lot of efforts in curbing the vice.

Judge Mulife said the court have a duty to ensure that GBV is suppressed in the province through deterrent sentences, which should send a message to society.

"You must be taught on how to prudent as at your age you should be an example in society by doing things in the right manner, he said.

“I will send you to prison by sentencing you to eight years imprisonment with hard labour and it is effective from 2 May, 2019 when he were first place in custody,” he said.

 End

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