Itezhi tezhi magistrate Munalula Mubita yesterday sentenced a 35-year-old man of chief Kaingu’s chiefdom in Itezhi tezhi district to two years imprisonment with hard labour for injuring two herds of cattle after they grazed and trampled on his seedlings.
Kalumiana Kalumiana, 35, from Chief Kaingu’s chiefdom in Itezhi tezhi who appeared before Itezhi tezhi magistrates Munalula Mubita was charged with two counts of injuring animals contrary to section 334 of the penal code cap 87 of the laws of Zambia.
The court heard that on 16 September 2012, the owner of the two oxen, Lawrence Katiamba returned from the bush where he had gone and received information that his two oxen were critically injured by Mr Kalumiana.
The court further heard that Mr Katiamba also found Kalumiana stabbing his oxen with an axe and that the two oxen sustained serious injuries.
Mr Katiamba and other villagers managed to apprehend Kalumiana and took him to the police together with the two oxen where he readily admitted to the charge.
Kalumiana and the oxen were later taken to a district veterinary officer who examined the two oxen and issued a report.
[pullquote]“The rightful thing was for you to secure the animals and take them to the owner and demand for compensation” he said .[/pullquote]
The incident report tendered before court by Itezhi tezhi District Veterinary Official said he was called to do an inspection on a two oxen suspected to have been stabbed with an axe.
Findings of the District Veterinary Department were that the oxen were seriously injured and sustained deep cuts.
Kalumiana in mitigation said he was a first offender, “I stabbed the animals because they grazed and trampled upon my vegetable. I am married, and I plead for leniency and I promise not to repeat what I did.” Kalumiana said.
And in sentencing Kalumiana, Magistrate Mubita said that stabbing two oxen with an axe because they grazed and trampled on the vegetables was inhumane.
“The rightful thing was for you to secure the animals and take them to the owner and demand for compensation” he said .
ZANIS
This is a good development
alilya umulilo mambala, pamusalu fye. you should have demanded 25kg of steak once the animals were slaughtered for relish but iwe you wanted to brutally kill the animals. maaaaa even when you know that animals dont think the way we do, awe, 5 years
analyse things seriously na imwe, you are embarrasing us.
This could be a case of oppression of the weak by the strong, the village style. Powerful people want their animals to graze anywhere, uncontrolled, even in gardens and fields of the poor, and when the poor react, they get sentenced like this – rotten judiciary. I thought, by law and traditionally each farmer is expected to take care of his/her animals, to avoid straying in other people’s fields, which is tresspassing – ever heard of tresspassers shall be prosecuted/persecuted? These animals more than tresspassed, and therefore, the owner of the field was entitled to met out the appropriate punishment, especially if the tresspassing was persistent – albeit on animals; tamed! Amumwaangulule!
Are you serious?
I think this verdict is smelling of corruption. The thing is he also is supposed to be compensated, why is the magistrate silent on that. As afar as I know if an animal is straying on public roads and a driver hits it, the damage to the vehicle must be borned by the owner of the stray animal because it his/her responsibility to secure his/her animals. Human rights people must follow up this case. There was corruption here.
..and you call yourself “legal mind?” Your argument is illogical. What corruption do you see here – it’s just your lack of understanding. You can’t take matters in your own hands – that’s why the law is there. The magistrate gave correct judgement and advice – the guy should have claimed compensation for what the animals did; which by the way he is still entitled to do. His action is criminal – and is the issue here: you can’t be the law!
The guy made a biiiig mistake of injurying the animals,,, Instead, He should have KILLED them, to protect his vegetables,,,, And this judgement is terrible crap,, The owner of the animals should have been charged for not keeping the animals in a wired fence… He is some ***** who thinks Zambian Land is for animals and not for the people,,,,,I propose the cattle owner to be brutally injured by this sentenced man to make reasonable the sentencing by the judge….
The case brought by the complainant is injuring the animals to which the culprit has been convicted.
He can also take up the case of compasation for the vegies destroyed. Since he has not complained,, the court is powerless to do anything.
2 years for injuring animals that trespassing and destroying his private property? Corrupt magistrate! Must have been bribed with T bones from the same out of control beasts!
Shame upon you Ba Magistrate. How can you allow a human being to suffer for 2 years because of cows? Cows are not PROTECTED Animals like those found in game parks. The owner should have employed a herdsman to take care of them to avoid cows damaging other people’s property. Useless judgement. Time is fast approaching when people will start disobeying such judgements openly
How about sentencing the so-called animal “welfare” officers who went around shooting dogs on sight a few months ago in Lusaka?
I also think the court was a but unfair on the vegetable man.Naine kuti nafulya pamusalu wandi mwe.Although he also overreacted.Limbi ngayuminefye amapi.lol
I personaly think that justice is 4 the pipo with cash.some pipo have commited crimes such as sabotaging the economy of this country but they are walking the streets as freemen.jst injuring a cow one poor guy has been caged.I command the powers that b 2 intervene and realese the man on humanitarian grounds.
Thus Itezhi tezhi magistrate Munalula Mubita i know very well at first he came to Namwala and jailed a lot of pipo and he is a corrupt man why jail sum one over such stupid thing, the man was suppose to be compensated from the owner of cattle!!
BUT the animals trespassed also no need of prisoning someone just charge them both
“Munalula Mubita was charged with two counts of injuring animals contrary to section 334 of the penal code cap 87 of the laws of Zambia.”um,ala kuli milandu mu penal code….did I know?eh!
The header says “cows”. The story says “oxen”. Is LT so ignorant to think the two are interchangeable. LT for your education: cows are female, oxen are male, together they are “cattle”. If in doubt, call them “animals”.
Iwe Nhimbi @ # 15, a man has been jailed for injuring “animals” and all you want to discuss are definations? There was negligence on the part of the owner of the animals as they were not taken care of and ate someones veggies. It is unfair to jail this man as he has a family to look after. Community service would have sufficed in this case.
@MundiaM: kid, grow up. In many countries, he could have gotten worse for cruelty to animals. You don’t take the law into your own hands – that is why there are courts. The owner of the animals deserves to be commended for doing the right thing by handing the suspect over to the police. He could easily have administered instant justice with far worse consequences than the two years in prison.
the man’s action was extremely outragious.equally 2 yrs was too much in that the animals trespassed on his land.this man should have been fined k2m per animal.if he has a good lawyer he can appeal this ruling.the owner of the animals should have asked for compensation unlike custodial sentence