Kitwe High Court Finds Tokota Boys With Case To Answer

Mwamba Siame, also known as Mayweather,
 is a top commander of the Tokota Boys
 gang and has been in hiding since May 2018

By Paul Shalala

The Kitwe High Court has found 18 out of the 19 suspected members of the Tokota Boys gang with a case to answer.

This is in a case where the gang members are jointly charged on three separate charges.

The charges are acts intended to cause grivious harm, unlawful wounding or poisoning and kidnapping and abduction.

The 19 Tokota Boys were arrested in May this year after a video in which they were assaulting a 17 year old teenager of Mulenga Compound went viral on social media.

The assault on the boy, in which he was stoned, beaten with a stick and forced to eat his own faeces, was allegedly committed on 30 April this year.

Passing ruling on Monday, Kitwe High Court Judge-In-Charge Timothy Katanekwa said he was satisfied beyond reasonable doubt that 18 of the 19 suspects committed the offences.

He said the state found a prima facie case in the matter and he has since found them with a case to answer and put them on their defence.

"From the evidence adduced by the state, any reasonable tribunal can convict the 18 suspects," said Justice Katanekwa.

At this stage, the 18 Tokota Boys have three options of defending themselves in court:

They can choose to be silent, they can give evidence on oath, or they can elect not to give evidence on oath.

And Justice Katanekwa has acquitted the 19^th suspected member of the Tokota Boys gang who was not at the scene the day the assault of the teenager happened.

In acquitting Lazarous Zulu, Justice Katanekwa said the victim clearly stated that the suspect was not at the scene and the identification parade conducted by the Police cannot be relied upon.

Before the judge could even finish his ruling, Lazarous was already on his way out of the courtroom in excitement.

Meanwhile, a medical examination has disclosed that one of the two suspected Tokota Boys who contested their age is a minor.

According to results of a medical examination read in court, one of the boys is aged between 13 and 14 and the other is either 18 years or above.

However, Justice Katanekwa has decided to treat both suspects as juveniles after the defence applied that the production of birth records by the mother of the boy considered 18 years be also treated as a minor.

Meanwhile, all the 18 Tokota Boys who were put on their defence have opted to testify under oath.

Legal Aid lawyer Mwendalubi Kapukutula informed the court that the suspects will call witnesses.

The first of the suspects to testify yesterday was Limbikani Phiri who is suspected to have sold out the 17 year old teenager before he was assaulted.

Limbikani told the Kitwe High Court that the victim was beaten by Mwamba Siame popularly known as Mayweather for allegedly belonging to The Hundreds gang which is also called Ba Zale.

In his testimony before court a month ago, the victim told the court that his friend Limbikani had sold him off to the Tokota Boys.

Putting up his defence, Limbikani said the victim told him that he had been beaten by Mayweather for allegedly being a member of a rival gang.

He said that on 30 April this year, he was among many youths from Mulenga and Ndeke Compounds who went to do piece works at Mindolo North.

He explained that they were hired by Mayweather to go and dig for low grade copper and malachite but when they reached there, Mayweather beat up the victim with a huge stick.

Limbikani however denied personally watching the teenager being beaten as he claims to have gone to collect sacks of malachite during the assault.

He revealed that Mayweather deals in minerals and supplies low grade copper and malachite to trucks which ferry the minerals every day after his workers finish loading them into sacks.

Mayweather is on the run and was not arrested in May this year when Police conducted a round-up of gangs across Kitwe.

And in cross examination led by State Advocate Jinjimali Mpopwe-Sililo, Limbikani denied ever seeing the victim naked or being fed faeces.

But when reminded by Ms Mpopwe-Sililo that he watched a video in court where the victim was shown naked, imbikani maintained that he never saw him naked on the material day.

The second suspect to put up his defence was a juvenile who we will not name for ethical reasons.

The juvenile gave similar testimony with Limbikani though he made a few points which were contrally, leading the state to challenge on who was lying between him and Limbikani.

The case has been adjourned to this afternoon for continued defence.

Chinese Companies And The Abuse Of Zambian Workers

Workers cutting timber at Zhengbang Deheng factory
without protective clothing -Pictures by Melody Mupeta

By Paul Shalala in Kalulushi

At the time when the talk in the country is on the debt the Zambian government owes China, something more serious about the Chinese isn’t being talked about.

The hundreds of Chinese companies operating in the country are paying their workers meager salaries and conditions of service are very worrying.

On top of that, the workers who are based in factories are not provided with safety attires.

This is an area which is rarely in the news: the bad side of Chinese investment in Zambia.

This week, I accompanied Kalulushi District Commissioner Kenny Siachisumo and Kalulushi Mayor Rashida Mulenga who stormed Zhengbang Deheng Investment, a Chinese furniture company which keeps its 70 Zambian workers in slave like conditions.

The visit caught the Chinese owners by surprise.

The factory, which is located along Sabina road, is barricaded by high walls and people outside cannot see the atrocities happening inside.

What we found was shocking, workers handling raw timber with bare hands.

They wore torn shorts, no safety boots or overalls.

"We were given our last safety gear last year, its over a year now," said one of the male workers. 

At the far end of the factory is a machine which mixes chemicals which they later apply on the planks.

The chemical whose name is not know, chocks the workers daily 

"I have worked here for three years and this chemical chocks us daily. Even tears come out, its too strong," said one of the female workers.

Asked if they are given milk to try and neutralise the chemical, the lady said the Chinese supervisors do not respond to requests for milk and advise them to buy their own from their meagre salaries.

In terms of sanitation, the place is not in good condition.

The 70 Zambian workers share pit latrines which are filthy.

They are not stocked with tissue or any chemical to distill them.

"According to the Public Health Act, this situation warrants the closure of your company. Only 12 people are allowed to share a single toilet, but what you have here is wrong," warned Christopher Mtonga, the Chief Health Inspector from the Kalulushi Municipal Council.

Mr Mtonga went further to give the company 21 days to build a new ablution block which must have a provision for changing rooms where workers can change from work suits to normal clothes after working.

"But for the safety gear, am only giving you 24 hours to buy and give all your workers. We shall come back to check and if you do not do so, we shall close this company," said Mr Mtonga.

But the Zhengbang Deheng Investments Manager Wei Le hesitated to commit to building an ablution block in 21 days.

She threatened that if the Council insists on a new ablution block, she may close the company.

And a check at the toilets used by the six Chinese supervisors revealed flushable toilets with clean running water which is in contrast with the filthy pit latrines for the 70 workers.

The toilets are fitted with lights, as opposed to the pit latrines which are darkened due to lack of lights.

In terms of salaries, workers at the company make K25 ($2.5) per day and they get as low as K438 ($43) as salary per month.

According to a pay sheet which the manager availed to the inspectors, most workers are paid between K400 and K700 per month.

"The problem you have here is that you have no safety officer and a human resource officer. Urgently employ an HR officer, a Zambian who should be stationed here to resolve all these issues," said Kalulushi District Commissionner Kenny Siachisumo. 

And Kalulushi Mayor Rashida Mulenga added that the recruitment of a safety officer and human resource officer must be prioritised.

Kalulushi Mayor Rashida Mulenga talking to one of the
female workers at Zhengbang Deheng factory

But despite all these challenges, Zhengbang Deheng Investment has all updated permits from the Zambia Environmental Management Agency, the Kalulushi Municipal Council and elsewhere.

At the factory, the Chinese supervisors keep eight dogs.

The dogs bark at every person entering the factory and it is not known whether the dogs are pets or they are kept for food since the Asians include them on the menu.

Zhengdang Deheng Investments is not the only Chinese company where Zambian workers are abused.

Two weeks ago, a 42 year old Chinese national shot a female employee in a shop managed by the Chinese in Kitwe's Chimwemwe Township.

Gaoen Ming appeared in the Kitwe Magistrates Court on Monday and pleaded not guilty to unlawful wounding 17 year old Rhoda Mumba.

The case has been adjourned to next week Monday when trial will commence.

The shooting led to riots in Chimwemwe Township after rumours went round alleging that the victim had died.

This incident prompted authorities in the mining town to have a consultative meeting with the Chinese community over their business practices.

The meeting resolved that all Chinese retail shops in townships must be closed immediately and be moved to the Central business district.

"This move is aimed at ensuring that Zambians who run small shops are not disadvantaged. The Chinese are investors, they shouldn't be competing with our people in the compounds," said Kitwe Mayor Christopher Kangombe after the meeting.

And in the eastern Zambian town of Chipata, another Chinese national who owns a restaurant was arrested on Wednesday for shooting one of his worker.

Police are yet to avail him in court to answer for his actions.

These are just a few cases of the many cases of abuse of workers by Chinese nationals in Zambia.

Jerabos And Their Dangerous Mining Methods In Luanshya

The author interviewing some illegal
miners in one of their caves

By Paul Shalala in Luanshya

A disaster is looming at Luanshya Copper Mines where hundreds of illegal miners armed with picks and steel rodes are risking their lives by digging for copper and chrome at one of the mine's two Black Mountains.

Luanshya Copper Mines is owned by CNMC, a Chinese conglomerate.

But the illegal miners, who are mostly youths, have over the past years invaded the area and dug several underground caves where they dig for copper and chrome in unsafe conditions.

This reporter recently had rare access to these miners who are dangerous and are known for killing or injuring security officers.

These miners do not have safety suits, safety goggles or safety boots, they dig with their bare hands and end up with injuries at times.

Two days before the interview, the miners who are locally known as Ifinyamunyamu or Jerabos, beat up guards from Cobra Security with machetes and chased them from the mine site.

But using the help of heavily armed Police officers, this reporter negotiated his way to the Black Mountain where he had an exclusive interview with leaders of these miners.

One of the leaders of the illegal miners Bernard Mulenga who is popularly known as Pisto, says they risk their lives to dig illegally because of the quest for money.

Mr Mulenga, who is a former convict, says through illegal mining, they are able to make money to feed their families and take children to school.

He told this blogger that despite the dangers of being buried alive, poverty forces them to do illegal work to raise money.

“We work in these caves without fear because we have no jobs. We risk our lives and dig for copper concentrates and chrome using various tools. But this cave you are looking at, we have abandoned it because it is not safe, it can bury us alive,” said Pisto as he pointed at an abandoned cave.

Another illegal miner Evans Kabanda has asked President Edgar Lungu to consider giving the copper rich slug dump to the youths.

Mr Kabanda says just like he did to the youths of Kitwe, President Lungu should consider empowering youths in Luanshya with the two Black Mountains to reduce unemployment in the mining town.

“If we can be given this Black Mountain like our colleagues were given in Kitwe, mining can be safer. They can even empower us with excavators so that we stop mining in caves,” said Mr Kabanda.

But Luanshya District Commissioner Joel Chibuye, who recently visited the site, expressed concern that the continued illegal mining at Luanshya Copper Mines will cause fatalities.

Mr Chibuye said government is now working out plans to find ways in which the youths can be helped to avoid illegal mining in unsafe caves.

“We just had a disaster at the Black Mountain in Kitwe and we risk having another one here in Luanshya. We have started engaging stakeholders to ensure that we avert this crisis,” he said.

The slug dump is legally owned by Luanshya Copper Mines but these illegal miners have made it their workplace.

Their dangerous ways of mining is a source of concern.

Not too long ago, 11 illegal miners were buried alive at a similar Black Mountain in Kitwe.

Despite all this risk, these illegal miners are not the biggest beneficiaries of the slug dump.

Richer players on the black market buy the copper concentrates and chrome from these miners.

The middle men then sale the stones to the Chinese who have a number of smelters across the Copperbelt.

This illegal business is so sophisticated that trucks visit the Black Mountains at night to collect what is dug during the day.

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.

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 21^st 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.

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.

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.

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.