THE Kabwe High Court las has sentenced a 35-year-old man of Kapiri Mposhi to 10 years imprisonment with hard labour for trafficking in marijuana weighing 5.24 kilogrammes.
Kabwe High Court Judge in-charge Eddie Sikazwe said when he slapped the sentence on Nito Siwale on Monday that there is no way that the court could allow smoking marijuana or any prohibited drugs.
Mr Justice Sikazwe said it was unfortunate that despite serving three months at Mukobeko Maximum Prison for the first offence of drug trafficking, Siwale was involved in drugs after his release.
“This country has laws to follow. It was not the first time you were dealing in drugs….so I will sentence you to 10 years imprisonment with hard labour which is the minimum term prescribed sentence by the law,” Mr Justice Sikazwe told Siwale.
He said the jail term is effective May 28, 2012.
He said if Siwale was not pleased with the court’s judgment, he had the right to appeal to the Supreme Court.
Mr Justice Sikazwe said he had considered Siwale’s mitigation but made it clear drug trafficking is a serious offence which should attract punishment.
Siwale’s lawyer Kamo Simfukwe said the convict “deeply regretted his actions” and was seeking the court’s leniency.
Ms Simfukwe said Siwale had three children and a wife to look after.
“He has admitted the offence without wasting the court’s time. He has been in custody since 6 June 2012. He pleads for leniency and mercy,” Ms Simfukwe said.
But public prosecutor Gamaliel Zimba told the court that the State supported the conviction of Siwale by the subordinate court.
Mr Zimba said Siwale was a second offender.
A Zambian gets locked up and yet an American was let off the hook, just want example are the courts giving really?
The zambian was caught with 5kg, the American with 300g. I guess it’s a tussle between intent to sell and personal use/first time offender. The American probably had a better lawyer and circumstance.
@Mercury
both were charge with trafficking… it still does not make sense,at least the american should have been sent to jail for six month with hard labour then deport,
Anyway kaya.. i dont have a degree or PhD like that sobelenge chap…
maybe you guys with heavy degrees can shade more light on the issue… just maybe black people are a curse race…hahahahahah
All animals are equal, but some animals are more equal than others
This is sad.10 years yachila.
This is injustice. How come an American is let loose and a Zambian gets 10years for the same offence. Judges are corrupt.
That is because the little girl had 500g that she was smokingeth. Not for distribution. 5kg of weed. 5 kg of leaves, do you know how many leaves that is?
Mwanawakwitu. It’s not just the amount, but this chap is also a repeat offender. Now notice the selective reading and interpretation on this blog.
The reason is simple. He is poor.
Magistrate Bathromeo Kaonga today slapped the 12 months jail sentence on Ndaizivei shumbayaonda, 23 a resident of Malongwana village in Zimbabwe after convicting her of the offence of trafficking in psychotropic substances contrary to section 6 of the narcotic drug and psychotropic substance act chapter 96 of the laws of Zambia.
Facts before the court were that on August 16 this year in Chirundu, Ndaizivei did traffic in marijuana weighing 50 grammes without lawful authority. in 2012. So what is the difference with the AMERICAN GIRL. Mark Storella is behind this scam.
Am i seeing a hand of Mark Storella in this? Mark Storella can you come out clean on this issue. How come your kinsman is left free? Did you negotiate fpr her? What a double standard America.
So, ten years of slavery, dirty water, violence, malnutrition, in an environment rife with disease for selling marijuana? A drug that is less harmful than alcohol, which is a legal drug. This is not justice. Drugs are a public health issue, not a criminal one, and the MOH should be in charge of such programs, not the DEC. And for bloggers mentioning the American who was let go, it’s ironic considering the U.S. is behind strict drug laws and policies, and continues to take “War on Drugs” and “Zero Tolerance” stances. Hypocrites (the American government, I mean).
This country sucks. Probably the man was trying to feed his family due to scarcity of jobs in the country. Meanwhile the American was spared. Really?
atah!!!! in china that guy would be hanging.. 10 years?? such a waste.. thats nothing
Yes it is injustice. We are only arresting people for chamba to please the USA, meanwhile when an American comes to Zambia and traffics marijuana they are simply deported (and they also complain that it will be difficult for them to get a job!) Hypocrisy. I am going to lobby PF to stop wasting scarce police resources on herbs, if the US ambassador doesn’t like it he can go home
This is shameful for the US government, protecting their own when it suits them. Hypocrites.