A LUSAKA man has been sentenced to three years imprisonment with hard labour for issuing death threats to Republican President Michael Sata.
In handling down judgment yesterday, Magistrate Jennifer Bwalya sentenced Andrew Msiska to three years imprisonment after he pleaded guilty to the offence of issuing death deaths to the President contrary to the Laws of Zambia.
Particulars alleged that Msiska, a businessman of Lusaka’s Rhodes Park area had written a letter to Mr Sata and his cabinet ministers where he issued death threats to him and others on unknown dates but this year concerning an oil exploration deal.
He pleaded guilty to the offence when the matter came up for plea early this week.
“After you readily admit the charge leveled against you, you have not wasted the court’s time and you are entitled
to leniency, but the offence committed is grave and others need to learn from you, I accordingly sentence you to three years imprisonment with hard labour with effect from today,” said Magistrate Bwalya.
In mitigation the accused said asked for leniency from the court saying he was the first offender, was married and did not mean to do what he did.
He said he did not know that what he was doing might land him in trouble and asked the court not to slap him with a custodial offence.
But Magistrate Bwalya advised him to always think of the repercussions of his actions to avoid committing similar offences in future.
Serves him right !
Such chaps are dangerous to everyone. Thumbs up to our courts. Remember to think before you act. He should have been sentenced to 10 years. He is a terrorist.
3 Years is nothing!!! The man deserves “until God takes Bro. Sata “. We are enjoying his chaotic administration, only ndoshi will ever want Sata expire.
And those rumors that Kabimba is frequenting ku Ng’anga has to stop. What can Kabimba be up-to without courts sentencing him?
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The zambian judicial system seriously need an overhaul. Those sort of sentences are colonial. This is 2013!!!!!
courts do not dream these sentences buy are guided by law. what you must do if not happy with such sentencing is implore your MPs to repeal the current law
Pounds and pence,you are the one living in colonial days. Issuing death threats to anybody regardless of their status in society is a jailable offence.People like you can criticize everything including their own names.Judges are doing their best to rid of society people like Msiska.
The man should appeal,three years is too much,well,to my mind atleast and I know that even the floozy lady(Mushota) is with me on this one.A suspende sentence and a fine would have sufficed.
Navuluka bya ambile ba MAMA,kino kyalo kyatama bingi.myaka isatu????
Amwane mwinsho
Thats an overkill and a colonial holdover.He should have gotten 3mons jail and thereafter serve 1 month of community service.
Every president life around the world is in constant threat that is why we pay body guards to protect them. Why should it be an offence if somebody says he can breach the that security system? That is just beer hall talk ..lets get seroius please and fill our congested prisons with people who deserve to be there.
You must be kidding me! Please tell me you are as shallow minded as the convict. Inly then will i and the rest of the county understand your ignorance.
Bootlicker, you are really out of your mind! Any sane person cannot tolerate threats on the president and his cabinet. Oh do you pay body guards for cabinet ministers too?
Bootlicker, you are really out of your mind! Any sane person cannot tolerate threats on the president and his cabinet. Oh do you pay body guards for cabinet ministers too?
What does the law say about issuing threats against any body. We should learn to criticize based on facts and not criticize because it involves our perceived enemies. Would the mmd chief boot licker made the same comments if those threats were issued against RB or NM? It is because of such baseless criticism that it is felt that in Africa the opposition is irrelevant. Mr Msiska had a lawyer and if the sentence was not based on what the law says then the lawyer can appeal the sentence.
What does the law say about issuing threats against any body. We should learn to criticize based on facts and not criticize because it involves our perceived enemies. Would the mmd chief boot licker made the same comments if those threats were issued against RB or NM? It is because of such baseless criticism that it is felt that in Africa the opposition is irrelevant. Mr Msiska had a lawyer and if the sentence was not based on what the law says then the lawyer can appeal the sentence..
Examples of sentence (Source: Crown Prosecution Service – UK access: 5 October 2013.
R. v Smith [2004] 2 Cr.App.R.(S.) 92
Appellant pleaded guilty to false imprisonment, threats to kill, and assault occasioning actual bodily harm involving his mother. Previous decisions of the Court of Appeal considered. Sentence reduced to five years imprisonment.
R. v Pringle [2004] 2 Cr.App.R.(S.) 36
Appellant, who was serving a 15 year sentence, pleaded guilty. He shouted a prison officer’s name and threatened to shoot him, his wife and children after his release. The victim believed that he intended to carry out the threat. Sentence reduced to three years imprisonment consecutive.
link for above:
accessed: 5 October 2013.
Chimusebo cha ku manda nkachitobabula.Chasenda Ukwa nkachitobabula ,sork it!!!
my question is -what if Msiska wrote a letter to you one of the bloggers can you take it the way you are saying. an offence is an offence whether it’s Nevers or Milupi’ the guy is careless and dangerous
I agree with you 100%.
was the man’s mental status examined????
Yes, at least he was aware that he commited an offence, so he is sane.
This is all unnecessary, especially considering that no harm was done. In a democracy governance has to be rational. Focus on fighting corruption, those gruesome murders, fraud and other such vices. The judicial system should be adapting to the times. The question is, if the same letter was sent to someone not a president would the sentence be the same? Come democracy comes with maturity
Try it and see what will happen to you.
LT editorial team,
Can you please read the article and make corrections?
why is it that Sata is the only president in the history of zambia who has received most defamation and insults.
He is second to Jesus ,faggot.
@Heleisa,
Don’t get too excited, don’t blaspheme the name of the Lord. Sata like all of us is a mere mortal being. Please avoid it.
Such an *****!
just 3 years!,…. This terrorists was supposed to be given 100yrs with hard labour. Former US president Ronard Reagan was almost killed by a lunatic piloting a small plane in his air force one path. This lunatic had his licence withdrawn and punished severely. Thats the music this terrorists must face.
that man should hav been given 5 years because this kind of behaviour should not be condoned.
#13 mailoni brothers
To answer your question, it is because after 20 corrupt years of MMD rule, almost 13 years of UPND trying to get into power, and a cartel of people who benefited from the corrupt system, there s a completely new kind of people in government and hence the frustrations.
MMD sympathisers are obviously gravely dissapointed, UPND members on the other hand are chocking with envy, and the businesses that built their empires around the corrupt MMD rule now find it very difficult, if not impossible to carry on doing their corrupt business transactions, hence the venting of their frustrations on Micheal Sata.
That’s quite a stretch. In giving him such a sentence, the Judge should have surely considered whether this man had the means to carry out the threat to its fruition. A 3 month sentence should have sufficed.
Ati threatening to kill the President and cabinet Ministers! Is he Rambo or a member of the famous Navy SEAL(6)? Its a case of a Bemba blowing hot air over another Bemba
Do you need to be killed first before you prove that you have enemies in this world? Don’t be so shallow minded.That man deserves to be punished why should people disrespect the president?
good ridance
@TheEngineer(Australia) …Its sad that your parents had no idea of contraceptive methods before you was born….Yo mum says you was a waste of space on her punami & yo dad thinks his dickk was inconvenienced …..
kangaroo court
I salute the courts. Such people could become agents of alshaibab. Nip it in the bud.
Lt you are a f.o.ol. why stop my posting and fake it that it is a duplicate
Those who love the tongue will eat its fruits! careful with your words.
@up coming pot (of nonsense?) An offense exists that deals with threat of death of a President, no doubt about that. Judges are however trained to also look at probabilities of achieving that threat and depending on that, are able to give custodial or light sentence.
In the case above, did investigation find a cache of arms in this man’s house or any evidence of attempting to obtain weapons, work schedule of the President or maps of his residence etc? The answer may probably be no. Come on! The bloke was just constipated and hallucinatory. The sentence in all intents and purposes was too harsh.
he was just fyengad.when HH comes in he will be conpersated for wrongful jailing
He should have seen through his motives rather than writing a stupid letter. He should have just acted!
Yaa that’s a good one so that ubuwelewele bupwe mubantu…..
@medication are u a witch doctor?
Infact the margastrate was extraordinarily lenient.This ***** deserves life in jail.The offence he committed is Treason and the consequences are tough.People should learn to respect the institution of presidency whether they like the holder or not.
If it were in countries like Congo DR,Rwanda,Zimbabwe,Sudan,Gambia,Guineu,Libya,Cuba and Iraq this ranting mad man would have been six feet down.