The Choma Fast Truck Court has slapped an 18-months imprisonment with hard labour on Ernest Mudenda after convicting him of theft.
Mudenda 37, of Zimbabwe compound in Choma today appearing for judgement before Resident Magistrate Ethel Phiri.
Mudenda was facing one count of theft which is contrary to section 272 of penal code chapter 87 of the laws of Zambia.
Particulars of the offence were that on October 29, 2019 in Choma district, Mudenda and Derick Siapeteka, whilst acting together, stole scrap metal at a named farm worth K1, 000, the property of Jackline Zaloumis.
In mitigation, the convict asked the court to exercise leniency and allow him to serve a suspended sentence because he was the breadwinner in his family.
Mudenda said his three children would stop going to school if he was given a custodial sentence.
However, magistrate Phiri said the offence of theft was a very serious one hence the need for a custodial sentence on people like Mudenda.
She then handed down an 18-months long prison sentence commencing from the date of arrest, which is October 29, 2019.
Mudenda’s co-accused Derick Siapeteka readily admitted to the charge and is already serving his sentence at Choma correctional facility.
And Peter Munchenga 30, of Popota area has walked to freedom after the same court found him not guilty of the offence of trafficking in 1.2 kilogrammes of marijuana.
Resident Magistrate Ethel Phiri stated during judgement that the state’s two key witnesses from the Drug Enforcement Commission (DEC) gave contradicting statements during trial.
She said proper investigations should have been conducted on the other two witnesses who might have easily planted the drugs in Munchenga’s bag but nothing was done to that effect hence creating doubt in the mind of the court.
Particulars of the offence were that on October 3, 2019 in Choma district, DEC received a tip off from the public that Munchenga of Popota area was dealing in drugs namely cannabis.
In response to a tip-off, DEC officers, in the company of officers from the Crime Prevention Unit, went to Munchenga’s shop in Macha road in which the officers found a black and blue bag.
The bag contained 10 transparent plastic packs which had vegetable like leaves. The vegetable-like leaves were later confirmed to be marijuana by a public analyst at UTH.
the punishment doesn’t fit the crime.
the justice system is f ucked up. did the accused have any legal representation? 18 months for k1,000 worth of goods.
when it comes to ordinary citizens, they go by the book, the same can’t be said when it’s the ruling party or other elite rich .. I know that happens pretty much in any society but a year and half for this crime, no weapons used is way to severe.
All thieves should have a minimum of 10 years in prison even if its 1 kwacha . I hate thieves with a passion. They take what belongs to you and you suffer emotional stress
Where was UNDER FIVE?
This is severe punishment indeed. This judgement and sentence lacks merit. Metal worth only K1,000 missing and someone gets 18 months behind bars over this does not make sense. These guys have dependants and the sentence is just unreasonable. Why not pick those big PFools who embezzle big cash big tyme? Thats what makes sense!!!
Disaster!!!
ba @betters, there’s a difference between a misdemeanor and a felony.
@mukolwe, Taking something that does not belong to you knowingly should always result in heavy punishment , we should stop the idea of trying to down play theft . The only problem is Zambian has a very big heart for thieves as though we are all thieves.
Zambian laws only apply to the poor people like our good friend Mudenda. 18 months! You gotta be joking. While Lungu and his PF thugs are stealing millions in broad daylight. There is no justice for the poor.