THE Kitwe High Court has sentenced a 27-year-old housewife to 17 years Imprisonment for murdering her husband.

Miriam Lungu, of Kwacha Township in Kitwe was charged with murder of Sydney Lungu contrary to section 200 of the Penal Code after she murdered the deceased on December 7, last year.

In passing sentence, High Court Judge Judy Mulongoti said with due consideration to Lungu’s mitigation, she was compelled to slap a stiff punishment on the accused because of the serious nature of the offense.

“You killed your own husband whom your children called father, and now your children will no longer have someone to call father,

“I therefore sentence you to 17 years imprisonment with effect from the date of your arrest,” Ms Justice Mulongoti said.

Ms Justice Mulongoti noted that the deceased attacked the accused with bear hands whilst the accused used excessive force in defence.

Facts before court were that on December 6, last year, Mr Lungu returned home around 20:00 hours and found his wife and children already sleeping, something that was unusual as he normally found them awake that time around.

It was then that Mr Lungu inquired why they had slept early and upon doing so, his wife responded that she had nothing to do and in the process, a quarrel erupted.

The court heard that Lungu suggested to the deceased that he takes any complaint he had against her to her parents instead of making baseless accusations.

Lungu narrated that an agreement was arrived at to go to her mother’s place but that when they reached the entrance, the deceased refused to go in and instead started pulling her around and beating her.

She testified that her right eye was injured in the process and she was only rescued by passers-by.

Lungu said she ran to her matrimonial home and that her husband followed her and continued beating her.

She told the court that after persistent beating she picked an alternator cover and hit him with it because she was afraid he would kill her.

“I got a metal object, an alternator cover and hit him because I wanted him to stop beating me. I did not know that he would die. All I wanted was for him to stop beating me,” She said.

In mitigation, Lungu pleaded for leniency through her lawyer Ignatius Chongwe from the legal aid counsel.

Mr Chongwe pleaded that his client was a first offender who had children and would be tormented on the demise of her husband.

He asked the court to consider the circumstances in which this happened bearing in mind that convict was the weaker sex.

He also asked the court to consider the plight of the children who would lose both parents if stiff punishment was meted.

Gay rights activist Paul Kasokomona yesterday appeared before the Lusaka Magistrate Court and denied soliciting for moral support for homosexual rights to be respected in Zambia amidst claims that he has been unduly and harshly detained by the State.

If convicted of the offence, Kasonkomona 38, an employee of Engender Rights Zambia was liable to serve a one month sentence or an option for a fine.

The calm looking Kasonkomona who is represented by Lusaka lawyer, Sunday Nkonde among three others, told resident magistrate Lameck Ng’ambi that he understood the charge but he was not guilty.

Mr Ng’ambi had since granted Kasonkomona a KR5, 000 bail in his own recognisance with two working sureties after Mr Nkonde told the court that his client should be granted bail because he was of fixed abode and on HIV/AIDS treatment.

He is charged of one offence of idle disorderly conduct contrary to the Laws of Zambia.

It is alleged that Kasonkomona, 38 of Chululu Garden Township on April 7, 2013 at Lusaka being a person in a public place namely Muvi TV studios on a programme called “The Assignment” did solicit for moral purposes for homosexuality rights to be respected in Zambia.

The State prosecutor who called up the matter yesterday informed Mr Ng’ambi that Kasonkomona’s matter was scheduled for allocation and plea after which Mr Ng’ambi allocated the case to his court.

Mr Nkonde then asked the court to grant his client bail because he was of fixed abode with no suggestion of being a flight risk in anyway.

Mr Nkonde said Kasonkomona was an AIDS activist in fixed employment under Engender Rights Zambia who was ready to abide by bail conditions set out by the court.

Trial would commence on May 15, this year with the State lining up five witnesses to defend its action.

Meanwhile Kasonkomona has sued Attorney General Mumba Malila claiming for punitive damages for false imprisonment by the Zambia Police service.

He stated in a statement of claim filed before the court by his lawyer that he was on second line of treatment of HIV/AIDS and Tuberculosis but his medication had been disturbed because the medicine was in the hands of the Police.

The thematic working group on representation of people at the ongoing National Constitution Convention have unanimously retained the 50+1 vote threshold clause in the First Draft Constitution for the election of the republican President.

And Chieftainess Nkomeshya Mukamambo II has observed that it will be very difficult for a political party to garner more that 50% of the total votes cast in an election to win the polls due to uncontrolled mushrooming number of political parties in the country.

The thematic group on representation of people, which is being chaired by Francis Chigunta, has retained Clause (1) of Article 75 which provides that elections to the office of the President Shall be conducted directly on the basis of a majoritarian system where the winning candidate must receive not less than 50% +1 vote of the valid votes cast.

In supporting the clause, Lubansenshi Independent Member of Parliament Patrick Mucheleka said it would be a betrayal to the people of Zambia to remove the clause as they have spoken that they need a president with legitimacy of all Zambians.

Contributing to the debate, United Party for National Development (UPND) Secretary General, Winston Chibwe, noted that the clause will unite the country as all Zambians will have to agree on who to be their president as opposed to the current scenario which allows the candidate with the highest votes who might be the minority to become president.

But Solicitor General, Musa Mwenye, observed that Clause 1 which provides for the 50+1 votes, coupled with the Proportional Representation (PR) system of electing Members of Parliament, will create a very powerful president and a very weak parliament which he said was not good for the country.

Mr Mwenye further observed that Article 75 will make it difficult for candidates hailing from tribes that are not the majority in the country to win elections as people in Zambia vote not necessarily on tribal lines but on the language spoken in a certain region.

But the Movement for Multiparty Democracy (MMD) National Women’s chairperson, Faustina Sinyangwe, who was the National Constitution Conference vice chairperson, revealed that the NCC was thrown out because it failed to adopt the 50+1 vote clause which people dearly wanted.

Ms Sinyangwe, who served on the Mung’omba Commission, stated that people countrywide submitted to the Mung’omba that they wanted the clause, hence the need to retain it if the constitution is to be accepted by Zambians.

But Pambashe MP, Ronald Chitotela, differed with the views of the rest as he noted that even the president elected by the 50+1 vote is far from being called a majoritarian president because the country has less than half of its population who are registered voters, hence the need for the convention to revert to the current system.

The clause, when subjected to a vote, all delegates voted to retain it, except for Mr Chitotela who voted against and the Solicitor General who abstained.

In addition the working group has rejected the Proportional Representation (PR) system of electing MPs and replaced it with the mixed member representation system which is recommended in the Mung’omba Constitution Commission.

The PR system, which has since been amended, was going to allow political parties to get seats proportionate to the votes they receive in an election which most members observed was not good as it will allow all political parties, including the least, to get seats in all districts.

The same electoral system has since been unanimously adopted for use in local government elections.

Meanwhile Chieftainess Nkomeshya Mukamambo II expressed worry at the mushrooming number of political parties in Zambia.

She noted that some political parties that have been registered have no national character and will only cause confusion during elections, especially after adopting the 50+1 vote clause, adding that the convention should device a way of regulating the number of political
parties.
[ZANIS]

Muvi TV station manager Costa Mwansa has been accused of facilitating the arrest of gay rights activist Paul Kasonkomona when he featured on a live TV show Sunday night.

Mwansa is the host of the Assignment, a current affairs talk show on Muvi TV on which Kasonkomona featured and strongly advocated for the respect of gay rights in Zambia.

Human Rights campaigners investigating the arrest of Kasonkomona have now revealed that Mwansa was constantly in touch with Police officers from Woodlands Police before and after Kasonkomona’s arrest.

The campaigners now plan to officially complain to Muvi TV management over the conduct of Mwansa following Kasonkomona’s arrest.

“We have conducted independent investigations into this matter and we are disappointed with Costa. We have information that he phoned the CIO at Woodlands Police hours before Paul arrived at Muvi TV and assured the officer that he will have Paul ready for them (arrest) after the interview,” the campaigners who opted to remain unidentified said.

“Even after the programme, Costa again phoned the CIO and assured him that even if Muvi TV security was tight, he will ensure that Paul is apprehended. It is very unfortunate and unprofessional for Costa to behave in such a manner,” they said.

They said Kasonkomona had demanded a verbal guarantee for his security from Mwansa before agreeing to feature on the Assignment.

“He phoned Woodlands Police and informed them of the vehicle Paul had attempted to use to flee the TV station which was sealed at the time. Costa told the officer to target the backseat of a green RAV 4, of all the vehicles that exited Muvi TV that evening, the officers just came straight to the backseat of the Rav 4 and picked Paul up.”

“It is very sad that after guaranteeing security, Costa decided to go back on his word, the campaigners said.”

Meanwhile, Kasonkomona has sued the state through the Attorney General for alleged unlawful detention.

Through his lawyers, SNB legal practitioners, Kasonkomona is claiming damages saying he is suffering false imprisonment.
He is also demanding damages for mental distress and injury.

In his statement of claim filed in the Lusaka High Court dated 10 April 2013, Kasonkomona claims police have been delaying to give him his tuberculosis and anti-retro viral drugs ARVs.

He says this puts his life at risk as it is against his medication timetable.

And Kasonkomona was this afternoon due to appear before the Lusaka Magistrate Court to take plea and make bail application.