The Lusaka High Court has overturned the conviction of Zambia Association of Musicians (ZAM) President Njoya Tembo’s wife, Brenda who was sentenced to five years imprisonment for assaulting her 14 year-old niece with a cooking stick.
Brenda was accused beating her nice with a cooking stick after she allegedly used a pressing iron she was not allowed to use.
She however, appealed against her conviction to the High Court.
Delivering judgment, High Court Judge Mwila Chitabo quashed the sentence passed by Magistrate Greenwell Malumani on grounds that there was no legal basis on which such conviction was passed.
Judge Chitabo found that there was dereliction of duty on the part of the prosecution when they failed to present the cooking stick as the instrument used to injure the child.
He said that the prosecution should have called Mr Tembo to give his evidence which should have collaborated with the other state witnesses on how the incident happened.
Judge Chitabo discredited all the five witnesses that testified as their evidence was not collaborated.
He said there were two inferences to be drawn and in the circumstance the prosecution did not prove its case
Shocking! because there are only two ingredients to be proven in any assault case. 1 a medical report indicating that the victim was indeed assaulted. 2 the victim positively identifying the perpetrator. It doesn’t rely on a multitude of witnesses to prove a case of assault. It’s such judgments that have caused the loss of respect for our judiciary, I hope the State will appeal to the Supreme Court where I know they will correct this misdirection
Njoya T is pro PF, end of this story!
Mwila Chitabo is the most useless and corrupt Judge at the High Court. The Chief Justice should take note.
Stupid Judicial system …full of corrupt Judges…the President told them ” Uubomba mwibala alya mwibala” what else can we say.May God bless the orphan.Amen
Looking at her beauty am not surprised.
Poor child vs Judge Mwila Chitabo. Is a child being represented by state attorney? international community could help.
What if you hit yourself against a wall and then you accuse your neighbour? So without you producing evidence, your neighbour should be imprisoned?
Umulandu taubola! We know Njoya-T is pro-PF, but another government will come in and she will find herself serving even a longer jail term. She should just have gone and served her term. These are the family problems that tear apart families. Other relatives within the family might now resort to other unconventional means for retribution and she will suffer alone. This girl is a double-orphan and she walks away like that after mistreating the child? Karma is a bitch and Njoya will soon meet it…and nobody will be there to cry with her. God Bless the poor child. How can this bent Judge Chitabo bring in stories about cooking stick when it was a pressing iron??
Umulandu taubola! We know Njoya-T is pro-PF, but another government will come in and she will find herself serving even a longer jail term. She should just have gone and served her term. These are the family problems that tear apart families. Other relatives within the family might now resort to other unconventional means for retribution and she will suffer alone. This girl is a double-orphan and she walks away like that after mistreating the child? Karma is there and Njoya will soon meet it…and nobody will be there to cry with her. God Bless the poor child. How can this bent Judge Chitabo bring in stories about cooking stick when it was a pressing iron??
There is no justice in the world.
Very strange if indeed those were ground for overturning ruling. Our High seem to be full of very unusual rulings.
This is stupidity at its highest. While we r appreciate the offender has rights, look at the vulnerable child as well. Whether there’s not enough evidence abt wat was used to beat the child the fact is the poor gal was assaulted whether using something or not. Unless Brenda is disputing that she is not the one who assaulted her. I wudnt be happy to be set free based those grounds if I was Brenda
Have you even listened to the reasons for the new conclusion? Dull people. 5 years for a silly case. It deserved solid evidence which was lacking… Go free madam and sin no more…
Musula obe!!! the child was inflicted with burns and you are saying its a silly case, unless if you didn’t see her burns.you siding with this useless judge. Imagine if its your child who was abused.
I will burn your ass with a hot pressing iron we see if you say its a silly case.
And what about the poor orphaned child, what are you going to say ba One Zambian? Where is your fairness in your statement? Yes, go free Brenda, sin no more…and to the little battered child…???!!
If this woman has learnt her lesson then what does it profit anyone to see her in continued confinement?
Let’s not be sadists- I believe she is a mother as well with her own kids and her kids need her!
She has spent almost a year in the cells!
Let her go free she has learnt her lesson and forgiveness is what makes us a civilization!
Then let us as well forgive all the prisoners and lose them free!! What nonsense!! What are these prisons for?? Who is the prisons meant for? For the less privileged, poor people??? Nonsense! God help us!!
Imwe ba human rights muli kuti please!!!! The medical report is there why do you need a cooking stick mwe bantu???? God is going to deal with you over that orphan-He is no respecter of man so be careful!!!
God is watching u brenda, njoya and yo judge. And where r the women and the NGOs. Am ashamed to be in such a country
2020Vision….. I hear u on the forgiveness part. But shud our courts continue passing judgement in favour of the rich only. Its very unfair. And word of advice to Brenda, go public and apologise and show remorse to the Zambians
May God almighty punish the cursed corrupt judge
Perhaps the 5 years was too much for assault case and could have been reduced to 2 to 3years. Completely squashing it is absurd.
And LT – it is corraborating evidence and not collaborating.
COLLABORATING is correct. Please do not mislead us.
The same God is the one that has come for rescue.. He is a merciful God..and she has learned a lesson.. Am sure her husband prayed because he is a gospel artist.He makes a way where no way and people can’t comprehend it.
And the orphan??? God is passionate about the welfare of orphans and widows. Be careful how you say things. Nonsense.
Stupid judgment from a stupid judge. May God who is the master judge hear the cries of a poor orphan girl who was burned. Judge Mwila is useless, and cursed be the day that he was born
What do you expect when when all know that Njoya is the cadre and used Joshua Banda’s connections to top PF big fishs to have his wife released. Problem we talk too much as Zambian without analyzing the scenarios. Muli busy nyo nyo and mostly condemning without reasons…
You are the one who talks too much, you foreigner!!! *****.
I just hope she doesn’t go after the poor girl again, mwebantu.
God will surely pass judgement on this lady and the judge because he is the most fair judge of all judges. He hears the cries of orphans and his hunger will fall on those who mistreat them.
I remember how it used to pain me whenever the referee overruled during a football game. This is the way the sentencing magistrate must be feeling. But please let’s leave out politics in the issue.
the judge is on Firm ground and made a correct decision. the child was not burned at all and those were fake pictures being circulated on social media. the facts are that a cooking stick was alleged used so you cant send a person to jail on fake charges ,this was just conspiracy and i hope people will read the judgement in full and not just pick silly arguments not based on facts. i hope ba zambia can learn to read facts and not just comment anyhow
From today ba Judge you have told us that medical report is not evidence enough in an assault case. What kind of a judge are you are asking for the cooking stick which was used. What’s more important bruises or cooking stick? Imagine if that was a child of any other top leader. Now just because this child seem to be defenseless u take advantage. Clearly this is poor judgment Judge Chitabo. You deserve a bullet in your head. Whom do you think can be happy with yo ruling. Whom are you trying to impress!!!
I think we need to read the judgement in full for us to make sound judgement because the reasons as published here cannot be a basis for acquitting somebody. If this is in fact the case, the State should appeal.
Our country together with the judical system have gone to the dogs. The decision is unfathomable and it saddens me to be Zambian.
Any way thats Zambia , failure in judiciary failure in football , failure in churches , it is the atmosphere of failures . When it comes to judge they preach Love , reconciliation and forgiveness .
Judge chitabo should go back to pre school useless judge
I see two reasons for overturning the decision of the lower court. There were conflicting statements in the evidence for the state. At law the favourable one should be in ruled in her favor. Second evidence of a child requires corroboration in the absence of such the court must acquit. The judge was on Terra fema
The only way is mob justice. Why waste time going to useless courts?
Is this sentence normal!!!!???? When a judge receives a khaki envelope what do you expect!!!!
A law is a law, let people comment nonsense we know they are relatives to brenda shaaaaa! Let her go and learn to be a good woman while saving the sentence.
Go mama. You did not deserve the sentence. Hope you have learnt your lesson not to bring in so called silly orphans in your home. Help them from a distance. An orphan will always be pittied and believed by everyone. To me, u are a victim of society. Please just stay with ur kids only.