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16-year-old girl found guilty of defamation

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Itezhi Tezhi magistrate court has found a 16-year-old girl of Chibolya compound in Itezhi Tezhi district in central province guilty and convicted her of naming three elderly persons as wizards.\

The 16-year-old female juvenile stood charged with three counts of naming persons as wizards, an offence contrary to Cap 90 of the laws of Zambia.

In count one particulars of the offence alleges that the named juvenile on 2nd May 2014 in Itezhi Tezhi at Itezhi district willfully named Namasiku Paulosi as a wizard who bewitched late Catherine Kazembe of Chibolya compound in Itezhi Tezhi.

In count two, particulars of the offence allege that on 2nd May 2014, the accused juvenile willfully named George Namangolwa as a wizard who bewitched Anna Banda of Chibolya compound in Itezhi Tezhi.

In count three the particulars of the offence allege that the named female juvenile after naming Namangolwa moved to another house and again willfully named Shadreck Kazembe as a dangerous and chief wizard who was to be feared by the community.

This occurred between 14:00 – 15:00 hours in Chibolya compound in Itezhi Tezhi district in central province.

The accused juvenile denied all the three charges.

However, after the trial the state prosecution led by Mwanza Chikankeni called five witnesses and after considering the evidence of the accused juvenile which was given on oath, Itezhi Tezhi magistrate Munalula Mubita found the girl guilty and convicted her of the subject offence.

Mr. Munalula said that all the three complainants testified that the juvenile offender’s action caused untold embarrassment as they were laughed at and mocked by so many people who were listening from the girl.

The magistrate has since adjourned the case to next week for social welfare report and mitigation as per procedure for handling cases of juvenile offenders.

Meanwhile a 15-year-old grade eight (8) pupil at Uphill Day Secondary School in Itezhi Tezhi district in central province has appeared in court for allegedly indecently assaulting a girl.

The named juvenile who was arrested on 24th September 2014 is charged with one count of indecent assault on a female contrary to section 137 of the penal code, chapter 87 as read together with Act Number 15 of 2005 of the laws of Zambia.

Particulars of the offence allege that the named pupil on 20th September at Itezhi Tezhi in Itezhi Tezhi district of the republic of Zambia did indecently assault named 13-year-old girl of Lilanda compound.

When asked by the court as to whether he understood the charge, the accused juvenile said he understood the charge very well and denied it.

The court has since adjourned the case to 4th November for commencement of trial.

10 COMMENTS

  1. THat is a juvenile..why didn’t the court FIRST ask for a Social Welfare report/assessment? Is the juvenile capable of causing offence or committing such an offence? Those complainants must be guilty for them to drag a little girl to court. I offer a prayer on behalf of the juvenile: Father, in the Name of Jesus, you are GOD who stands on behalf of the innocent children and hate witchcraft totally. You punish those who practice witchcraft, as I such I pray for justice to prevail as you are a just GOD. May the witches and wizards repent and accept Jesus in their lives.
    May You grant wisdom from above to the magistrate in this case. I thank you on behalf of the girl and give glory to You for Your love and forgive them witches if they repent from their wicked ways. I Jesus’ Name. Amen.

    • This is absolutely ridiculous! Teenagers are still kids and are bound to say anything! I’m surprised the kid was even dragged to court! What education level do magistrates possess because the judgements in magistrate courts in rural areas are ludicrous !

    • In Zambia even the courts and Judges behave so fo.olishly. These are kids, why not let them be counseled? Are they not in school? Finding them guilty does not resolve the social problems. I would be encourage to read that they have been taken for rehabilitation / being helped by children social welfare. Goodness me?? what a country

    • I want to believe this was a juvenile court with the social welfare present to represent the interests of the teens. It is also imperative that the social welfare should have had a record or history of the offenders to attempt having the matters resolved out of court seeing that the offenders are minors. Someone make me understand the role of social welfare when minors are criminally charged in misdemeanors…….

  2. These are things said to surpass all human understanding. The sentence on wizard defamation is shameful. This shows the type of society we are. I know there has been issues with people being killed and harmed on suspicion of being wizards, but this a minor and all minors tell stories! Come on people! This is a mockery, nay, a travesty of justice. Social,Welfare must appeal this and good sense must prevail.

    The defilement case should be tried and the kid be sent to a correctional centre but he’s education must continue. This case is proof of how our adult societal problems are being visited onto kids. They are learning these things fro parental behaviour or in unsuitable child rearing centres. Zambia needs to do more to prevent child abuse. This is tragic. No hard labour.

  3. I don’t think that she did that on her own. By naming the deceased that teenage has a point to prove. Let those agrieved be put into task to defend themselves by proving that they aren’t wizards. A witchdoctor can simply solve that mystrous alterance.

  4. This is complete BS, esp that we know that witchcraft is hogwash.
    Even after 50 years, we are still as primitive as ever.

    #OneZambia

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