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Simon Mwewa says six months imprisonment was too harsh on him



Vlogger Chitambala Mwewa has submitted in court that the six months jail term imposed on him was excessive considering that he is a first offender.

Mr Mwewa further submits that the punishment imposed on him was also excessive in view of the value of the tyres he is accused of damaging maliciously.

The two tyres on Hiace minibus he is accused of deflating were valued at about K4,600.

Through his lawyers, Mr Mwewa submits in court that the magistrate who jailed him erred in law and fact when he choose to impose the six months jail term.

“The learned trial magistrate erred in law and fact when he elected to sentence the accused to six months imprisonment which sentence was excessive in view of the value of the damaged property and the fact that the accused is a first time offender,” the lawyers submit.

The arguments above are contained in Mr Mwewa court documents in which he has appealed against the six months jail term imposed on him last week.

Lusaka magistrate Fine  Mayambo jailed Chitambala after finding him guilty of deflating tyres for a mini bus which was parked on Kalusha Bwalya Road, near the Simoson Building, which the convict owns.

Chitambala was charged with malicious damage to property, which attracts a maximum two years jail term.

It was alleged that on June1, last year, Chitambala maliciously two tyres worth K4, 600, on a bus belonging to Benjamin Chalamuka who had engaged Ricky Nyimbiri to operate it.

The accused pleaded not guilty and the prosecution called four witnesses.

During hearing, Mr Nyimbiri, narrated that he loads and offloads passengers at City Market and that on the material day, he was on Kalusha Bwalya Road, in a queue of busses.

Mr Nyimbiri said he then heard sound of air pressure from the types of the hiace bus he was driving before he saw a man in a reflector with a knife.

He said two tyres on the bus he was driving were deflated.

When Mr Nyimbiri followed the suspect, he later identified him as Mwewa Chitambala, whom he had known since 1992.

Magistrate Mayambo later found Chitambala with a case to answer and placed him on defence but he opted to remain mute before being jailed.

The businessman has since appealed against the verdict, raising five grounds of appeal.

Through his lawyers, Messrs K&M Advocates, the appellant argues that magistrate Mayambo erred in law and fact when he held that the prosecution had proved his identity in the face of contradictory evidence.

The lawyers further contend that the magistrate erred in law and fact when he found that the accused wilfully and intentionally deflated the tyres on account of him walking away without saying anything.

(Mwebantu, Tuesday, 16th January, 2024)


Assualt accused Army officer’s wife now claims bed sores caused the wounds on her son



THE Lusaka Magistrate’s Court has set March 11 this year as judgement in a case a Zambia Army officer’s wife is accused of assaulting her four-year-old step son using different weapons like a hosepipe and knife.

But when winding up her defence yesterday, the accused, Longwe Ngosa, 30, did not cause the wound marks on her son’s body but that the marks on his back were caused by bed sores.

Ngosa added that child developed bed sores when he was admitted to University Teaching Hospitals (UTH) after he injured his leg while playing.

She said he got the “sore beds” due to the sleeping position in the hospital.

Ngosa said this yesterday in a matter she is charged with assault on a child which allegedly happened between April 1 and July 31, 2023.

The housewife of Apollo Military Camp is accused of assaulting a juvenile we shall call, IB, and occasioned him actual bodily harm.

The assault the child came to light through a viral Facebook clip where IB was filmed narrating to his teacher how his mother had been beating him using different weapons, including a knife.

Ngosa was found with a case to answer by Lusaka magistrate Mutinta Mwenya and she is currently on her defence.

The accused, who initially told the court that her son was assaulted by her class teacher on several occasions, yesterday told the court that the wounds on the victim’s back were caused by bed sores.

Ngosa also claimed the other wound marks on his stomach were as a result of an allergy.

“He developed them when he ate relish he does not eat. That was an allergy,” she narrated.

Ngosa also narrated that she started living with IB when he was 15months and has always considered him as “my child and not my stepson”.

In cross examination, state prosecutor Chisenga Malama asked Ngosa to confirm that she never produced any medical record to show what happened to IB.

“No, I did not,” the accused said.

“Confirm you never made any official complaint to school about the sores on the child,” Ms Malama asked as the accused said no.

(Mwebantu, Thursday, 29th February, 2024)

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Unnatural offence suspects provide fake names to police



TWO male student nurses who were previously charged with unnatural offence have now been accused of providing false information to a public officer during the investigation.

Police spokesperson Rae Hamoonga said, it was revealed during the course of investigations that the individual initially identified as Chisenga Chanda, aged 20, of Matero, had misrepresented his identity.

He said the actual name is Brighton Banda, aged 25, of New Avondale, and a third-year Student Nurse at a named institution.

Similarly, Matthews Kabwe, aged 20, of Matero, is not who he claimed to be but Darius Musukwa, aged 20, of Kamwala South, and he too is a third-year Student Nurse at a named institution.

“Both individuals have been additionally charged with the offense of giving false information to a Public Officer Contrary to Section 125 of the Penal Code Act Chapter 87 of the laws of Zambia. As a result, they are currently detained in police custody,” he said.

Mr Hamoonga said police is committed to upholding the law and ensuring the accuracy of information provided during investigations.

“We urge the public to cooperate with law enforcement agencies and to refrain from engaging in activities that may obstruct or impede the course of justice,” he said.

(Mwebantu, Wednesday, 28th February, 2024)

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Two pupils drown in Kafulafuta dam, police say 



TWO pupils aged 14 and 12 have drowned in Kafulafuta dam in Masaiti district.

The two children drowned yesterday, Tuesday February 27, at around 15:00 hours.

Copperbelt province police commanding officer, Peacewell Mweemba said the report was made the girls grandmother, Offa Ednah, aged 53, of Masaiti.

He said Ms Ednah reported that her granddaughters drowned in Kafulafuta River.

Mr Mweemba said the victims have been identified as 14-year-old Grace Namonje, a grade six pupil, and 12-year-old Bathsheba Musaka, also in grade six at Koti ni Eden in the Shilashi area of Masaiti.

He said the two pupils left school around 14:00 hours, after which Bathsheba visited her friend’s house in Kampundu Village before deciding to accompany Grace, who lived in Saili Village.

Mr Mweemba said while on their way, the two girls opted to cross through a small path used as a road crossing over the dam.

“As they were going they decided to use a small path used as a road crossing through the dam and as they were crossing the dam they drowned after they failed to cross,” he said.

Mr Mweemba said members of the community rushed to retrieve their bodies and found that both were already dead.

He said when police visited the scene, they found that both deceased bodies had already been retrieved from the dam.

“The bodies were inspected and no physical injuries found on them. The bodies had some foam coming from their nose and mouth,” he said.

Mr Mweemba said the two bodies have since been deposited to St. Theresa’s Mission Hospital Mortuary.

(Mwebantu, Wednesday, 28th February,  2024)

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