Chamba
Chamba

The Ndola High Court has sentenced a 19-year-old girl to 10 years imprisonment with hard labour, for smoking marijuana.

High Court Judge Yvonne Chembe sentenced Mutika Mungwila to a ten-year jail term as part of her reformation.

Mungwila was convicted by the Ndola Magistrate Court for trafficking in psychotropic substances and committed to the High Court for sentencing.

When the matter came up for sentencing, the Prosecutor from Legal Aid Board representing Mungwila, Kateule Chitupila told the court that her client was mentally unwell which resulted in smoking marijuana, adding that she needed to be examined by a medical doctor before being sentenced.

However, Judge Chembe did not entertain the application but instead dismissed it and described it as irregular, noting that the issue of Mungwila being insane did not arise during the trial at the lower court.

The court stressed that Mungwila was able to prosecute her defense during trial, and the mother who was the main witness did not bring out the issue.

Judge Chembe sentenced Mungwila to 10-years imprisonment with hard labour because she is a second offender.

She said Mungwila was convicted and sentenced to a month jail term in January this year, but upon release from prison, she was re-convicted with the same offence.

“It is sad that a girl like you cannot give up on marijuana, the law will help you reform. By the time you leave the correctional facility you will change. “Judge Chembe said.

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48 COMMENTS

  1. Is that the minimum sentence?
    Even if that is the case surely , the judge can mete out such with a clear conscience?
    Questions , questions.
    Sentencing guidelines need serious review. ..Minister of national guidance where are you? You will probably say this is fine according to our Christian values. !

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    • Let the media, police and Judiciary be reminded that Gladys Nyerongo former Minister of Lands has not served her sentence since her conviction.
      Gladys is trying to sneak into the PF to hide from the Law.

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    • Heeeesh that Yvonne is harsh, did she smoke before pronouncing that sentence?
      We want her to sentence Valden and Kaizer, she will hang them by the balls, fàce down.

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    • This is madness. Criminals like Findlay, Ntewewe, Chitotela and the like go scot free, and you sentence a teenager to 20yrs. How ridiculous is that? You couldn’t just fined her or something? She has her whole life ahead of her and you corrupt judges just ruin it!
      May God judge and and repay you wickedness on your head

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    • 10 years! And hard labor! Just for smoking! Not trafficking.
      Awe ba judge mwabepa. The kid must appeal. She will win

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    • Oh my goodness this Judge ia such a sadist…may she receive the same harshness she has melted out to a 19uear old girl…
      Are you normal to sentence a child to 10 years imprisonment with hard labour for just being in possession of marijuana?

      As God is my witness I know he will avenge this young girl for this great injustice.

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    • We need to ask ourselves a question and that is why haven’t we changed some of oppressive laws? Majority of Zambians if you went and asked them about this sentence will not agree to it. But why do we allow the court system to continue to repress us? Who is behind this? Ever since the UNIP days we have had such abuse of power in the courts. I mean for this to reach High court there was an appeal now for the defendant to appeal and take it to the Supreme Court will be such a big cost to her family. This girl needs counseling not punishment. So sad this life we live in.

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  2. What of that Minister who was sharing banned materials on phone?
    What about Gladys Nyerongo former Minister of Lands?
    What type of justice is that

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    • Nostradamus:
      Gladys Nyirongo sent to jail for corruption
      February 14, 2009

      Former Lands Minister, Gladys Nyirongo, has been sentenced to four years imprisonment with hard labour for corruption.

      Lusaka Magistrates, Sharon Newa, sentenced Nyirongo, 51, of house number 10 Chavuma drive, Highridge in Kabwe to two years imprisonment with hard labour in the first count and four years in the second count.

      Nyirongo was charged with two counts of abuse of authority while in office contrary to Section 99(1) of the Penal Code Chapter 87 of the laws of Zambia.

      In the first account it was alleged that on dates unknown but between January 1, 2006 and February 2007, Nyirongo, who was employed in the public service as Minister of Lands abused her position when she directed a Ministry of…

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    • Kudos to you @Mr. Kudos. Well said. I dont agree with some stuff you say, but yoi have spoken objectively. Thank you

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  3. These are things that will haunt some judges and individuals in African countries for a long time. The laws you inherited are being dropped because THC and CBD in those things is proving pretty useful. Also, recreational joint use is no big deal. I am not advocating anything particularly. I am just saying your former colonial masters from whom you mindlessly and blindly inherited those penal codes have since moved on. Same na vima ujeni…

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  4. In some countries Smoking is not an offense but dealing in it is. Which i think is fare enough considering that by smoking she is only doing harm to herself and does not influence anybody. That law must be revisited and a better civilized law enacted.

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    • This is not a hard drug and legal in some Countries. It is also not as harmful as cigarettes that cause cancer. This judge really is out of touch with the modern world. A good job she is not presiding in Jamaica, otherwise half the population would be locked up.

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  5. When he was campaigning for the PF, Wynter Kabimba lied to us that he was going to clean up the judiciary. Now you see what he left us

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  6. Native Africans are losers!
    Why do you continue hurting people because of weed? Have you not read in the good book how the one who created all things including weed said behold everything was very good?
    Your friend Mike Tyson is making over half a million dollars per MONTH from his Marijuana from his pleasure resort! Your friends in Lesotho and Kenya are cashing in big time on weed and yet you cry day and night about your debt burden! Can we change these archaic laws and begin to live!

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  7. Ronald Reagan’s failed war on drugs leading to human rights abuses for Zambians again. 10 years! Meanwhile Americans can happily smoke any time in many states

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  8. This is a pure case of an enemy of economic benefit. With so much debt that Zambia has incurred over the years, do you even know how much revenue you marijuana can invite for export to America and Europe where it’s been legalised? This colonial law needs to be trashed and release the poor girl.

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  9. This is a very ignorant judge.The girl is obviously addicted to the drug and it’s very difficult medically to just stop.Our laws do not make sense at all.How can you ruin a child’s life like that? Marijuana is being legalised world over and we are sticking to archaic laws.Send this girl to drug rehab not prison.Government officials are impoverishing Zambians every day and to ease their miserable existence people are smoking weed.Who should we arrest ? is not not our leaders? #freeMutika

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  10. Please revisit and revise that sentence to rehab. What’s wrong with our judicial system, you are now ruining the life of that young lady permanently. Free her!!!

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  11. This is where the law has clearly lagged behind societal behaviour and science. Zambia has been too slow (as in so many other things) in reviewing it’s laws to match the needs of a changing enviroment. Yet we have had a law development commission all these years, that is meant to make recommendations. 10 years is ridiculous! We also know that thousands of Zambians smoke it everyday. If we were to apprehend just a thousand, at once, would we even have prison space for them? This is a case where you surely need common sense and also an assessment first of all, as to why a lot of people resort to this ‘passtime’.

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  12. I feel the legal team and the family let this girl down just as much as the government and bodies that apply did.
    10 years is a longtime for causing harm to ones self (smoking weed) and I believe a lighter sentence would have helped.
    Where are those NGO’s that boast of helping transform peoples lives?

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  13. I have a licence I smoke it daily so refreshing and enjoyable. Natural herb. What archaic laws do we have in Zed. When the world is moving towards legalization we are still holding on to colonial laws…We will only join the party too late and it will be an in thing just like people drink Budweiser beer as a show off ala ku Zed we like boasting. What were you drinking before some guy decided to pose with a ka Budweiser Beer. Lol

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  14. That’s too harsh. As a mother, you were expected to be considerate with the sentence. This sentence is not a corrective measure. Moreover, what quantities were involved?

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    • This one does not sound like a mother but a step mother who is known for being so heartless! Why was a medical evaluation denied? Ten years for a 19 year old (Teenager for that matter) is destroying a life!
      So unfair!

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  15. 10 years for smoking weed … are you having a laugh Zambia? Help this young girl instead of locking her up in a filthy jail. It seems as though the judge had run out of jobs to do when sentencing this poor girl!!! I know a few criminals in the Zambian system who should be serving 10 years instead of this poor girl. Lock the thieving top men and women up, starting from their leader. This administration is corrupt!!

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  16. We have too many SADISTS in positions of power whose aim is to inflict pain on others! No wonder our country is in trouble!
    Terribly harsh sentence! Legal Aid, NGOCC, YWCA, LAZ, please rescue this Teenager!

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    • I agree and we’ll said. We are a nation filled with Sadists in position of power, especially in the Court system which is archaic and extremely repressive. I have for a long time said we have laws that need to be changed why aren’t they being changed who is responsible for the status quo is it the entire legal system (LAZ, judiciary and all legal practicitioners) who benefit from such a system that isolates and represses the ordinary Zambian? Is it the Law maker in Parliament more interested in grautitiy and benefits than making Laws that actually benefit their constituents and not repress them? God pass your judgement on these evil people and judge them as harsh as they judge your children.

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  17. The court stressed that Mungwila was able to prosecute her defense during trial.
    Niye Kuti bwanji?

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  18. There is no crime in this situation. Why being so evil and mean to your fellow humans while advanced countries like the USA and Canada are raking in billions of dollars through the sale of the same stuff this young girl is being jailed for. Amazing really… why not caution her and let her go free.

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  19. 10 years in Jail for smoking marijuana but criminals like Kaizer Zulu walk free for assaulting and kidnapping unarmed citizens and firing guns in public.
    WHAT IS HAPPENING IN ZAMBIA SURE.

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  20. Wow, senttencing a n 18 year old 10 yrs seems like sharia law has landed in Zambia.. Did the judge lose her husband to weed? She really hates it with a passion n would rather have corrupt people with 48 mansions n the Findlay’s free. What a ridiculous judgement!

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  21. This is too much! I am a Christian in the states, I am for law and order, but for our neighbors and peace first. This is why we legalized here in Colorado. Because we don’t want to see our children locked up for cannabis.(safer than alcohol) The country should be growing cannabis for food, fuel, clothing and medicine.

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  22. Marijuana is the only herb that produces an effect when burnt or squeezed for its oil. It does not need any additives at all. When smoked, it increases the appetite(good for HIV and Cancer sufferers), puts you in a good mood and lessens your stress levels. It also calms seizures and the oil is a cure for ear ache. Its good effects outweigh its bad effects. Our ancestors have always known that. How has the west convinced the African that this is a drug and that their pharmaceutical chemicals(with terrible side effects) can cure everything?!? They need Africa’s hard earned money, point blank period! This girl has not committed any crime. The judge, your conscious, please. In a CHRISTIAN NATION!

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  23. This is really pathetic.I doesn’t appear like the judge is really normal.Without making reference to other people,the powers that be need should intervene in this matter before this girl’s life gets destroyed irreparably.This judge is irresponsible and i don’t think she means well.There is surely other ways this girl can be helped!this is silly …am short of saying it is satanic!

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  24. Draconian laws still being used in this poor country to persecute its own citizens. In as much as she is a second offender it makes no f**king sense to sentence to 10 years with hard labour for smoking weed. Meanwhile in many developed countries people are fighting for legalisation because they have realised marijuana is good for recreational purposes too. The prisons are already congested with people with petty crimes like smoking weed and this judge is not helping to reduce or solve this situation.

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