Parliamentary chief researcher and Press liaison officer Chikomeni Banda said according to the constitution, the jailed Patriotic Front (PF) Roan member of Parliament Chishimba KambwiliMr Kambwili will not lose his seat after his conviction because he has only been jailed for 15 days.
“According to the constitution, it doesn’t affect his status as member of Parliament because he will only go to jail for 15 days, so he will not lose his seat because of that,” Mr Banda said.
Mr Kambwili was yesterday sent to jail for 15 days for conduct likely to cause a breach of peace.
Ndola Chief Resident Magistrate Kelvin Limbani jailed Kambwili but acquitted his three co-accused.
Mr Limbani, who sat as Magistrate in the Luanshya Magistrates Court , also fined Kambwili K10, 000 after convicting him.
This is in a case in which Kambwili, 44, Patrick Maipambe, 50, a peasant farmer, Charles Mulenga, 45, a peasant farmer and Christopher Mutale, 47, a peasant farmer were charged with conduct likely to cause a breach of peace.
Passing judgment, Mr Limbani said his findings are that Kambwili’s behaviour at the Luanshya Civic Centre on the material day would have resulted in a breach of peace.
“It was provocative and agitating to the demonstrators whom he (Kambwili) was fully aware were protesting against the statement he made on the Lunda and Luvale people,” Mr Limbani said.
Particulars of the offence are that Kambwili, Maipambe, Mulenga and Mutale in Luanshya, jointly and whilst acting together, did conduct themselves in a manner likely to cause a breach of peace at the Luanshya Civic Centre by raising a PF symbol at members of the Lunda-Luvale Cultural Association who were demonstrating against his tribal remarks.
He said the State had established a prima facie case against Kambwili.
Mr Limbani said he had no doubt that Kambwili committed the offence as alleged by the State.
“I have no doubt that the accused number one committed the alleged offence, that being conduct likely to cause a breach of peace, contrary to section 178 (f) of the Penal Code Chapter 87 of the Laws of Zambia and I shall, accordingly, convict him,” Mr Limbani said.
He, however, acquitted Maipambe, Mulenga and Mutale because he did not find the evidence against the three exhaustive.
Passing sentence, Mr Limbani said Kambwili’s action deserves punishment so that he can reform and be deterred from committing a similar offence in future.
He also said Kambwili should be punished so that others can learn from him.
Mr Limbani, however, said he has taken into consideration what Kambwili said in mitigation and that he would be lenient.
He said citizens should behave in an orderly manner, especially during demonstrations.
“It is every citizen’s wish to have a peaceful environment, I sentence you to 15 days simple imprisonment with a fine of K10,000,” Mr Limbani said.
In mitigation, Kambwili said it was not his intention to disrupt a peaceful demonstration because he was merely passing at the Civic Centre on the material day.
“I was just preventing the abuse of buses bought by the Parents Teachers’ Association. However, your honour, in view of the decision by the court, I can say that I am very remorseful, I regret my action and I plead for leniency,” Kambwili said.
Earlier, Mr Limbani said it is the position of the law that peace should be maintained and that any attempt to breach it is an offence.
“It is the duty of the police to prevent anything that is likely to cause a breach of peace. The police can act in any situation when they believe that there will be a breach of peace and their powers and duties are directed not to their interests, but to the safety of the public,” Mr Limbani said.
Some PF cadres and sympathisers gathered outside the court to catch a glimpse of Kambwili as police took him into custody.
Police in full riot gear kept vigil as some PF cadres wept while others sang songs of solidarity.
[Zambia Daily mail]
I didnt know the chap was convicted. Which prison was he taken too? Kamfinsa should do him some good sobering…
Interesting indeed.A lawmaker in the forefront breaking the law.In normal circumstances,Kambwili will step down on moral grounds for failing to uphold his duties as a legislator.
Yalikosa pa Z.Just hope the guy wont be abused in the chitakataka by becoming another mary or sara to a convicted John or Phiri.:-?
#2 Sharp Shooter, there are no normal circumstances in Zambian politics.
That is the PF road show, comprised of thugs and hooligans. Just when you think we have had enough of the PF driven Fr Bwalya, we have another one jailed for promoting arnachy and unrest. The best they can do on a good day is parraid their chief finacier who goes on to boast of how expensive his car is. eeehhh PF lets discuss developmental issues constructively not by promoting unrest in the country or tempting law enforcment on you.
Look you guys working in Zambian embassies abroad should stop throwing MMD bile at things you dont want to understand. This is a political conviction. A good lawyer will easily get Kambwili out. Since when did Zambian courts send people to prison for such an indefinable offence? raising the PF symbol or even the MMD symbol at a group of people wouldn’t constitute breach of peace unless Rupiah Banda told you “convict this man”
If the Justice system in Zambia is for all, they should also jail those threatening to gang rape Nawakwi.
Politics a dirty game! Would he be jailed if he is from the MMD? I don’t think so!
THIS IS POLITICAL MOTIVATE TO SILENT OPPONENTS BY THIS CROOK MMD GOVT.UPTO NOW WHY HAVENT THEY ARRESTED THOSE WHO PUBLICLY SAID THAT THEY WOULD RAPE EDITH. ZAMBIAN WOKE UP MMD IS FINISHED AND COME 2011 WE SHOULD VOTE FOR CHANGE THAT CHANGE IS IN THE PACT. VIVA PACT. I SUPPORTED MMD BUT NOW I HAVE SEEN THAT THIS IS NOT THE REAL MMD I HAVE KNOW SINCE IT CAME ON POLITICAL LAND SCAPE.
# 7 Jojo and #8 Kasoma John Rex: “All animals are equal, but some are more equal than others.” (George Orwell, 1945)
What s.t.u.p.i.d and dull conviction. What is going on in Zambia? Only political opponents can be convicted on baseless charges but the mmd bootlickers can’t be even on genuine charges. Nawakwi’s R.AP.E.R.S are walking with their heads high. These are things which bring wars in a country. Be carefull guys…one day people will rise up.
by the time its 2011, we shall make sure that all PF cadres and MP have a criminal record on there backs, this is Africa, The strongest survive.
I am sure Kambwili will learn to shut up. Its not good to be thrown in prison at that age.
May someone kindly clarify what is the difference between Kambwili’s breaking of the law and that of Findley’s?
PF are thugd and I shudder to imagine the in government. Imagine GBM being a minister! Would he pay his debts? Is he not the same one who was involved in his bus scandal the other year?
Joseph Sakhar
betters
Just enjoy MMD cash at the moment. Why didn’t GBM in this issue. You never said Evil things against GBM when he was MMD member. Did you.