Solwezi high court Judge, Derrick Mulenga has ordered the detention of two men of Solwezi under the President’s pleasure after convicting them of manslaughter.
The two were separately charged with murder contrary to section 200 of the Penal Code, CAP 87 of the laws of Zambia but later reduced to a lesser charge of manslaughter after it was established that they were of unsound mind.
The convicts are Peter Mwila aged 29 and Alex Samuyumba aged 19.
It was alleged that on February 20 2020, Mwila murdered his former boss George Kaoma at his farm house in Kamalamba area of Solwezi and decapitated his head and later disappeared from the scene of crime.
In the other matter, it was alleged that on March 22, 2020, Samuyumba killed his mother, Bridget Sandu with a machete at their house in Saviye area in Solwezi district.
Justice Mulenga said it was undeniable that the two had major psychotic mental disorders as proven by medical reports from a psychiatric consultant from Chainama hills hospital.
In ordering the detention of the two, Justice Mulenga relied on the provisions of sections 161 and 167 of the Criminal Procedure Code which provides that the accused can be detained if the mental abnormality is proven as a special finding.
“I have taken into account the medical reports submitted by the psychiatric consultant from Chainama hills hospital and the evidence of the prosecution witnesses,” he said.
Justice Mulenga however, ordered the two to be detained during the President’s pleasure because the offences committed were serious.
Mental illness is a serious problem in Zambia. Mentally-ill people can be violent and are capable of causing serious harm if their illness is not quickly diagnosed so that they can be lawfully separated from society as Judge Mulenga has ordered. But this is not happening often enough and we have mental patients living as recluses as relevant institutions watch.
It’s heart breaking… both the victim and the killer are victim of unfortunate circumstances.
They need help not arrest. F00Iish upnd judges