Itezhi-tezhi district’s Lubanda ward councilor Harry Namaluba has been jailed for three years for participating in an unlawful assembly with intent to dethrone chief Shimbizhi of Itezhi-tezhi district.
This is a case in which the six, Harry Namaluba, 46, Harrison Shimbizhi, 70, Ford Kamano 40, Dyna Pilili, 78, Abraham Chella, 62 and Evans Kamano, 42, were jointly charged with the offence of participating in an unlawful assembly contrary to section 75 cap 87 of the laws of Zambia.
Particulars of the offense were that the six while acting together on 28 May 2008 in the district of Itezhi-tezhi took part in ununlawful assembly in Buunga area of Itezhi-tezhi district at which councilor Harry Namaluba being the master minder of the unlawful assembly incited chief Shimbizhi’ subjects to dethrone him on account that he was not respecting himself in manner befitting a chief in the Shimbizhi chiefdom.
The court also heard that Councilor Namaluba did not take the advice given to him by the headman of Shimbuwambombo village not to convene the assembly without the blessings of the chief but he went ahead and bragged that he was the area councilor and could hold meeting without a permit.
After considering evidence from six witnesses ,Magistrates Munalula convicted four of the accused, Harry Namaluba, 46, Harrison Shilupizhi, 70, Dyna Pilili, 78 and acquitted Ford Kamano, 40, Evans Kamano,42 on account that evidence has proved beyond reasonable doubt that they did not participate in the unlawful assembly.
In mitigation Harry Namaluba pleaded for the court’s leniency in deciding his punishment that he was married and had children.
And passing sentence Magistrates Munalula Mubita of the Namwala Mobile Court said that it is a serious crime to try to dethrone a chief without a court order and in order to deter other people with intent to dethrone chiefs he was going to punish them.
“I want to emphasize that no subject has power to overthrow a chief once he/she has been installed, the chief can only be removed by a court order. It is also a very serious offence to try to dethrone a chief for this, I am sending you to jail” he said.
Mr. Munalula also said that one is allowed to conduct a meeting without obtaining police permit except the President, Vice President, Ministers and Speaker of the National Assembly.
Magistrates Munalula Mubita sentenced Namaluba to three years imprisonment for being the master minder of the crime with effect from May 26, 2009, while Dyna Pilili,78 and Harrison Shilupizhi,70 were sentenced to 18 months simple imprisonment while Abraham Chella was slapped with an 18 month imprisonment with hard labour.
ZANIS
Very interesting. I never knew that the Zambian chiefs were protected by the law against dethronement.
That is a little harsh, who interprets laws in Zambia anyway. Teach them the route to take, before causing unnecessary dismay to families.
Nine Chale maybe they do need to be dethroned because the direct how their subjects vote. Though there are better and more civil ways of doing things hahahahahahaha.
Someone please outline what freedom of speech really is so as people’s rights are not violated.
If the courts were as swift on the acting to Iron out Child difilers and abusive spouces as they did here, imagine what other evil acts would be brought into check. Punishment with intent to please.
Why not give the last guy Community service, Hello.
This is backwards….freedom is the only way….
blunderers are free and yet you are jailing innocent people. This is Zambia sure…where poor people suffer more ????
Check your spelling ba LT…. Coucilor!!!
MMMMM THIS IS TOO HARSH FOR THEM
Main reason is that the Councillor is UPND.
They were jointly charged with the offence of participating in an unlawful assembly contrary to section 75 cap 87 of the laws of Zambia, well if you disobey the law, then you pay the price.
#12 Ba Honey- Even plundering falls under some cap of the laws of Zambia, so why is it taking so long to jail the culprits? This our bone of contention and the basis of our suspiscions
#13 good point….
Why were these guys sentenced too soon when plunderers are still walking freely even attending state functions. What a constitution
why should they be arrested if the chief is an embarasment?the law shud be changed…