Sunday, 16 September 2018

90 Niggas Gang Members Convicted

By Paul Shalala

The Kitwe Magistrate’s Court has convicted 13 suspected members of the notorious 90 Niggas gang for conduct likely to cause the breach of peace.

The 90 Niggas gang is one of the newest teenage gangs in Kitwe which sprung up early this year. 

Passing judgement this morning, Kitwe Magistrate Malota Phiri found the 13 teenage gang members guilty of the offence they were charged with.

The 13 have since been remanded in the Kamfinsa Correctional Facility awaiting sentencing next month.

They are mostly youths from Kitwe’s Bulangililo Compound who are alleged to have blocked roads in Kwacha and Bulangililo compounds on 25 April, thereby disturbing peace.

The juveniles are aged between 13 and 17 are mostly pupils and unemployed youths.

Passing judgement of Friday in a case which took five months, Magistrate Phiri said the 13 guilty were guilty of the offence they were charged with.

Magistrate Phiri could not sentence them because they are juveniles.

They have since been remanded in custody and will appear in court again on 2nd October for Social Welfare Report and possible sentencing.

And in another courtroom, two surities who signed bail for a 24 year old Pastor of Kitwe have been sent to prison for failure to avail him to court this morning.

Pastor Alick Simbeye, who is facing a charge of defilement, has not been appearing in court since he was granted bail last month.

On Friday when the case came up before Principal Resident Magistrate Chongo Musonda, the two surities 53 year old John Kapisa and Peter Muleba struggled to explain the Pastor’s whereabouts.

Mr Kapisa, who is a Pastor in one of the Pentecostal Churches, told the court that they had failed to locate the accused but that he had been communicating with some people and he is within Kitwe.

Magistrate Musonda said she had been too lenient to the surities following the disappearance of the accused.

She later sent the two to prison pending the payment of the bond sum.

The two surities were bonded for 10 thousand kwacha each when they signed bail for Pastor Simbeye.

The case has since been adjourned to 21 September.

Pastor Simbeye is alleged to have had carnal knowledge of a girl below the age of 16 on 25 July on his way from an overnight prayer session at church.

He allegedly defiled the girl at the back of his car while another girl was sleeping in the car.

Friday, 31 August 2018

Kitwe High Court To Rule On Tokota Case In October

By Paul Shalala

The Kitwe High Court has set October as the time it will rule whether the 19 suspected members of the notorious Tokota Boys gang have a case to answer or not in the three charges they are facing.

This follows the prosecution’s closure of its case this morning after the last of the eight witnesses finished testifying against the 19 suspects today.

When the matter came up this morning, Kitwe High Court Judge-In-Charge Timothy Katanekwa gave the defence up to 14 September to file its written submission and advised the state to respond by 21st September.
Justice Katanekwa said in his October session, he will rule on the matter.

The 19, who are mostly bus drivers, conductors, shopkeepers and unemployed youths of Kitwe, are facing three counts which are acts intended to cause grievious harm, unlawful wounding or poisoning and abduction or kidnapping.

They have been remanded in the Kamfinsa Correctional Facility for the past three months after their arrest as the three charges they face are unbailable.

Earlier, a Police Detective Sergeant who arrested 15 of the 19 suspected members of the Tokota Boys old the court that Mwamba Siame who is popularly known as Mayweather is still on the run.

During cross examination led by defence lawyer Mwendalubi Kapukutula, Sergeant Peter Mujuku, who was the eight prosecution witness, said investigations into Mayweather's whereabouts are still ongoing.

Mayweather is believed to be a top commander of the Tokota Boys gang and was captured in a video where he assaulted a 17 year old teenager of Mulenga Compound who he later forced to eat his own faecal matter.

During trial, the state presented the said video as evidence and it was viewed in court.

Meanwhile, Justice Katanekwa has sentenced a 56 year old peasant farmer of Chingola to 20 years imprisonment for having carnal knowledge of his own niece.

Passing sentence in an incest case which has taken over a year to prosecute, Justice Katanekwa said he was going to be lenient to Feneti Kayombo especially that he was an old man.

He described the convict’s act as irresponsible.

Justice Katanekwa said it was sad that Mr Kayombo took advantage of his niece at the time she was nursing a snake bite.

However, the Kitwe High Court Judge-In-Charge gave Mr Kayombo leave to appeal if he felt the sentence was not fair.

Monday, 13 August 2018

Tokota Boys Gang Members Finally Appear In The High Court

Tokota Boys leaving the Kitwe High Court after taking
plea yesterday. -Picture by Mushota Mpundu 
By Paul Shalala
The 19 suspected Tokota Boys this morning appeared for the first time in the Kitwe High Court.

Since they were arrested in May this year, the youths had been appearing before the Kitwe Magistrates Court for mention as they awaited for committal to the High Court by the Director of Public Prosecutions.

The 19, who are mostly bus drivers, bus conductors, shop keepers and unemployed youths, appeared before Judge Timothy Katanekwa for plea.

The youths are jointly charged in three separate counts which could not be tried at the Magistrates Court following their arrest three months ago.

The Tokota Boys, some of whom were smartly dressed in suits and ties, pleaded not guilty to Acts Intended to Cause Grievious Harm, Unlawful wounding or Poisoning and Kidnapping or abduction.

The three charges rose from a a video where the gang members were seen beating a 16 year old boy of Mulenga Compound who they forced to eat his own faeces.

The matter has been adjourned to Wednesday this week for possible commencement of trial.

In this case, the State is being represented by four state advocates Jinjimali Mpopwe Sililo, Mwangala Mwala, Dean Akalemwa and they are led by Acting Chief State Advocate Mercy Lungu.

The suspected Tokota Boys are being represented by only two lawyers from the Legal Aid Board Mwendalubi Kapukutula and Maria Nzala.

Meanwhile, Judge Katanekwa has set tomorrow as the date for an inquiry to ascertain whether one of the Tokota Boys gang members is 20 years old as claimed by the state.

This follows an application by the suspect who told the court, through his lawyers, that he is a minor.

Their appearance in the Kitwe High Court is separate from three other cases some of the 19 suspected Tokota Boys gang members are facing in the Kitwe Magistrates Court which are currently on trial stage.

And three men who are charged with causing death by dangerous driving have pleaded guilty before the Kitwe High Court.

The three, Kalonga Mtolo, Charles Mumbelunga, and Christopher Milandu, who appeared separately, are from Kitwe, Chambeshi and Chingola and their cases have been adjourned to Thursday this week for presentation of facts.

Meanwhile, in the Kitwe Magistrates Court, a 24 year old alleged Pastor has pleaded not guilty to one count of Defilement.

Alick Simbeye of Buchi Compound appeared in court this morning charged with Defilement of a child under the age of 16 contrally to section 16 chapter 138 of the Laws of Zambia.

When he appeared for plea before Kitwe Principal Magistrate Chongo Musonda, Mr Simbeye identified himself as a businessman as opposed to what he is known for as a Pastor.

The case has been adjourned to 20 August and the suspect has since been granted a 10 thousand Kwacha cash bail with two traceable surities.
Facts before the court are that Mr Simbeye of Buchi Compound had carnal knowledge of the girl in the early hours of 25 July this year.

The case has been adjourned to 20 August and the suspect has since been granted a 10 thousand Kwacha cash bail with two traceable surities.

Magistrate Musonda said the two surities should also be bonded for 10 thousand Kwacha each.

Mr Simbeye has since been remanded in custody as bail conditions are being sorted out.