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Magistrate jails fellow magistrate



A LOCAL court magistrate has been sentenced to 12 months imprisonment with hard labour for illegally selling a piece of land in Mungule area which was reserved for construction of judiciary infrastructure.

This is in a case Evans Mwebela, 58, was charged with obtaining money by false pretences.

Between October 14 and December 11, 2021, Mwebela, with intent to defraud, Mwebela got K46, 000 cash from Nathan Malaya, an engineer, by falsely pretending that he has a piece of land for sale.

He denied the allegations but he was later found with a case to answer and placed on his defence

Evidence is that in June 2021, Mr Malaya, in the company of his brother George Sakala, went to Mungule area to look for a piece of land to buy.

The managed to find some land near Mungule where a wome informed them that her husband, Evans Mwebela, was selling land in front of their house.

Mr Malaya contacted Mr Mwebela and met him in the presence of Mr Sakala.

It was later agreed after negations, that Mr Mwebela would sale the land at K46, 000.

Mr Malaya later paid K30, 000 down payment before he settled the whole K46, 000 and started clearing the land in readiness for development.

Evidence is that Mr Mwebela told Mr Malaya not to tell anyone that he bought the land from him and that he (Mr Malaya) was just developing it on behalf of his uncle.

Last Friday, Mr Malaya sent workers to go and carry out works at the same land but surprisingly, officials from Chief Mungule’s palace confronted the workers and ordered them to stop the works.

This was because the land was reserved for court developments and that the person who sold them the land duped them.

When Mr Malaya confronted Mr Mwebela about the development, the accused insisted that the land in question was his.

The matter was later reported to the police and Mr Mwebela was arrested.

In mitigation, the hypertensive Mwebela asked for leniency because he had paid back K30, 000 to the complainant and was next month scheduled to reimburse the remaining K16, 000.

But Lusaka magistrate Jacqueline Gondwe said the behavior of the adjudicator was uncalled for considering that he should be society’s role model.

“You took advantage and decided to deceive an innocent citizen by deciding to sale land that was given to an institution that would benefit the whole community in Mungule Chiefdom,” she said before sentencing him to 12 months imprisonment with hard labour but imposed an absolute discharge.

(Mwebantu, Friday, 28th July, 2023)


Ndola teacher dragged to court for alleged rape on pupil



A Ndola teacher has been dragged to court for allegedly sexually abusing a grade 11 pupil at a school he teaches.

David Kunda aged 31 is alleged to have lured the victim to his office where he sexually abused her.

The incident is alleged to have occurred on September 28th, this year at around 21:00 hours at the school premises.

When the matter came up for before Ndola magistrate Brian Simachela, Kunda denied the accusations.

It is alleged that on the material date, the victim had gone to accused’s office to call her parents.

It was heard that after the call, when the pupil wanted to walk out from the office, Kunda allegedly locked the door and raped her.

The victim then reported the incident to other teachers the following day.

However, after denying the allegations, the matter was adjourned to December 14th for commencement of trial.

Before it’s adjournment, advocate representing the accused , Kenneth Tembo applied for bail pending trial.

Magistrate Simachela granted bail of K25,000 in accused’s own recognisance and ordered that he also bring two working surieties from well known institutions.

(Mwebantu, Thursday, 30th November, 2023)

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LAZ strongly condemns brutal attack on Its member at High Court



THE Law Association of Zambia (LAZ) has condemned the thuggery and barbaric behavior that unfolded at the High Court yesterday, where a lawyer, Linus Eyaa, was physically attacked by aggrieved members of the public.

In a statement LAZ president Lungisani Zulu said the Association has established that Mr Eyaa was merely discharging his role as a Legal Practitioner in line with the provisions of the Legal Practitioners Act, Chapter 30 of the Laws of Zambia, when he met the unfortunate fate, from an opposing group in the case involving Money Grow Cooperative.

He reminded members of the public of the critical role lawyers play in the development of society, in line with every lawyer’s statutory mandate.

Mr Zulu said acts of physical violence against members of the legal profession are inimical to the advancement of the public interest, which lawyers advance.

He said lawyers have always stood and continue to stand on the side of society, even offering pro bono services to indigents.

“That the unfortunate incident happened in the precincts of the High Court, which are considered as a “holy ground of justice” makes the incident more distressing and any efforts by any citizens to take the law into their own hands deserves condemnation in the strongest terms, by all well-meaning citizens,” he said.

Mr Zulu has since commended police for its quick action in saving the lawyer.

“We are happy to also learn that six suspects of the violence have since been arrested by Kabwata. Police and now await subsequent court appearance to answer for their irresponsible actions,” he said.

(Mwebantu, Thursday, 30th November, 2023)

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Justice for girl killed by 10 dogs starts



A FARM director whose 10 vicious dogs mauled a 13-year-old girl to death has been charged with manslaughter and appeared before the Lusaka Magistrate’s Court.

Last month, Shim Yaming’s dogs attacked and killed Sharon Banda, 13, who is the daughter of the accused’s person’s farm worker who lives within the ranch.

The incident happened around 05:00 hours when the victim went outside to use the toilet only to be attacked by the vicious beasts belonging to Shi of New Kasama.

Police visited the scene and discovered the dead body of the girl lying on the ground with multiple dog bites all over the body.
The victim’s father Allan Banda, 43, a poultry man at the farm, told police that his daughter was bitten and died on the spot as she sustained deep cuts all over her body.
Shi, 40, was later detained and slapped with the offence of reckless and negligent act and police later terminated some of the dogs which attacked the girl.

Yesterday, the accused appeared before the Lusaka Magistrate’s Court charged with manslaughter.

Allegations are that on November 8 this year, Shi did cause the death of Sharon.
The case was allocated to magistrate Mwandu Sakala.

The Director of Public Prosecutions is supposed to issue a committal later so that the accused in the matter is taken to the High Court for trial since the offence he is facing can only be tried in a higher court.

(Mwebantu, Thursday, 30th November, 2023)

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