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.

Sunday 5 August 2018

Kuwait And Zambia Seek To Strengthen Economic Ties

Mr Malanji meets Sheikh Al-Sabah in Kuwait
By Paul Shalala in Kuwait City, Kuwait

Zambia and Kuwait are in the coming month expected to sign several Memorandum of Understanding (MOUs) which will see Zambia start exporting human resource in areas such as engineering and health which the Persian Gulf nation desperately needs.

Zambia's Foreign Affairs Minister Joseph Malanji has told this blogger in an interview in Kuwait City this afternoon that Kuwait has asked Zambia to finalise the MOUs so that relations between the two countries can be enhanced.

Speaking after he held a one hour closed door meeting with the Acting Prime Minister of Kuwait Sabah Al-Khalid Al-Sabah, Mr Malanji said Kuwait wants to employ Zambian engineers who are renowned as one of the best in the world.
Sheikh Al-Sabah is also the Foreign Affairs Minister of Kuwait. The Minister was accompanied to the talks by Zambia's Ambassador to Saudi Arabia Ibrahim Mumba.

"The government of Kuwait is concerned that the relations between our countries have not strengthened despite them having been established in the 1980s. They want us to sign the MOUs so that we can work together towards a win-win situation," said Mr Malanji, who is also Kwacha Member of Parliament.

He added that once the MOUs are signed, the private sector in Kuwait will start engaging their counterpart in Zambia to find ways of working together and developing Zambia.

Meanwhile, Mr Malanji has delivered President Edgar Lungu's special message to the Emir of Kuwait Sabah Al-Ahmad Al-Jaber Al-Sabah.

The Foreign Affairs Minister, who has traveled to Kuwait as President Lungu's special envoy, delivered the message this afternoon through the Acting Prime Minister Sheikh Aa-Sabah.

He expressed optimism that following his visit, economic activities between the countries will improve.

Mr Malanji added that interactions between the two countries will also be enhanced from the Permanent Secretary level up to the highest level.
"His Excellency's message has been well received and we are just waiting for the signing of the MOUs to ensure that we can work together with the government of Kuwait," he added.
Kuwait is a major oil exporting Persian Gulf nation which in the last decade has raised its voice at the international stage.
The tiny nation has provided $2 billion to African countries in development aid through its Kuwait Find for Development.

A number of African countries have already accessed these funds and Zambia is in the process of starting talks to access the fund.

Kuwait wants to import human resource and agricultural products from Zambia while Zambia needs Kuwait's billions to be invested in the energy and agricultural sectors as the southern African country diversifies its economy.

Friday 3 August 2018

Two Zambian Men Convicted Of Homosexuality, Await Sentencing

Sambo and Chataba talk to their lawyer Daniel Libati 
after being convicted -Picture courtesy of The Punch
By Paul Shalala

Two men in their thirties have become the first to be convicted of homosexuality in Zambia and they are waiting to be sentenced for possibly 15 years in jail.

This morning, the Kapiri Mposhi Magistrates Court convicted the two men of Ndola and Kapiri Mpposhi.

Kapiri Mposhi Resident Magistrate Ackson Mumba this morning found 38 year old Japhet Chataba and 30 year old Steven Sambo guilty of performing what the law terms as unnatural acts.

Passing judgement in a case which has taken exactly a year, Magistrate Mumba observed that the decision by the accused to remain silent after being put on their defence showed that they were guilty.

Magistrate Mumba added that the accused persons remained silent in the face of unchallenged, credible and reliable evidence from the prosecution.

He further said the fact that Sambo allowed his fellow accused Chataba to insert his penis into his anus is proof enough that the two practiced unnatural acts and committed an offence according to Section 155 of the laws of Zambia.

Magistrate Mumba said according to the law, both the person who inserts and the one who is inserted commit offences.

After the judgement, Sambo and Chataba were remanded in custody awaiting sentencing in the High Court.

On August 25 last year, Chataba was filmed by Kapiri Mposhi residents dragging  Sambo back into a room at a lodge were they allegedly had sex.

As they fought, Sambo was heard shouting that he was tired but Chataba insisted that they get back to the room and continue having sex.

A video of the tussle, which went viral on social media, was one of the pieces of evidence which the prosecution presented against the two including witnesses such as the workers at the lodge, a medical doctor and the arresting officer who testified against the two.

On 7th May this year, the two men were found with a case to answer and were put on their defence by the Magistrate.

On that day, the court was fully parked with friends and relatives of the two who came to hear the magistrate's ruling.

However, after being found with a case to answer, the two men opted to remain silent and instructed their lawyer Daniel Libati to file written submissions.