The Supreme Court Sitting in Ndola has reduced the 40 year jail sentence slapped by the High Court on a 24-year-old man of Kasama to 25 years imprisonment with hard labour, with effect from October 18, 2004 the date of the arrest.

This was in a case in which Sole Sikaonga appealed to the Supreme Court against a Kasama High Court ruling in which he was sentenced to 40 years imprisonment with hard labour for defiling a three- year and 10 months old baby.

Supreme Court Justice Sandson Silomba told the court that the bench consisting of Supreme Court Justices Hilda Chilombo and Dennis Chirwa sat and deliberated over the case of appeal against the High Court ruling was too much and that it induced a sense of shock.

He further said the Supreme Court had taken into consideration that Sikaonga was a first offender who pleaded guilty and did not waste the court’s time.

He said, according to the laws of Zambia, generally a defilement offence attracts a minimum of 15 years and a maximum of life sentence.

He however said, certain defilement cases such as those which result in a child contracting Sexually Transmitted Infections warrant the offender being imprisoned for many years.

Justice Silomba advised trial courts to take into consideration a number of factors when handing out sentences.

Facts before the court were that on 17th October, 2004, Sikaonga, then 19 when he was a grade seven pupil at Misamfu Basic School in Kasama had carnal knowledge of a three year and 10 months baby.

On the material day at around 21 hours, the baby’s mother went to a local clinic and left her baby in her house under the care of Sikaonga.

Upon her arrival from the clinic at 22 hours, Sikaonga informed her that the baby had cried for a long time and that he did not know why she was crying.

When the mother checked the baby, she found the child’s pants wet with semen and that her private parts were swollen.

When the mother asked Sikaonga what had happened to the baby, he said he did not know, before he fled from the house the same night.

The baby was later taken to the hospital where it was confirmed and proved that she had been defiled.

Later when he appeared in the magistrate’s court, Sikaonga confessed and pleaded guilty to the charge and was redirected to Kasama High Court for sentencing where he was handed a 40 year imprisonment sentence with hard labour.

ZANIS

Police in Namwala have arrested a 78 year-old man of chief Nalubamba’s area who has been on the run after he allegedly defiled a minor.

Simeon Hamapongo of Chinkola Village was arrested yesterday. He is alleged to have defiled a 13 year-old school girl and fled.

District Commissioner (DC) Wilson Siaduka confirmed the arrest to ZANIS in an interview adding that Hamapongo is in Police custody.

And Mr Siaduka thanked Hodi, a non-governmental organization (NGO) operating in the district for assisting Namwala Police with logistics to bring the culprit to book.

ZANIS

Residents of Milenge in Mansa are up in arms against District Council Secretary David Kangwa and three other senior officers whom they are accusing of embezzling over K200 million Constituency Development Fund (CDF).

And the residents on Tuesday forced Luapula Province Permanent Secretary Jazzman Chikwakwa and Provincial Local Government Officer Alfred Nyambose to direct Mr Kangwa and the three other officers to stop reporting for work until the issue is resolved.

The residents carried placards and marched to the council offices and interrupted a meeting in which Mr Chikwakwa and Mr Nyambose were trying to reconcile the community and the officers.

The residents sang songs and chanted slogans demanding the removal of the four officers from Milenge council accusing them of plundering the institution.

Milenge District Commissioner (DC), Rosemary Malutu confirmed to ZANIS today that the council secretary and his three subordinates who include the chief administrative officer, treasurer and director of works were directed to stop reporting for work.

She said the offices of the four council senior management staff have been locked and keys handed over to security officers in the district.

The DC said the four council management officials have failed to account for about K200 million which was meant to be shared among the four out of 10 wards in Milenge.

She said only six wards received the share of the K400 million CDF funds, but even out of that the council officials failed to justify receipts for K38 million.

ZANIS

The Immigration Department in Nakonde in Northern Province has arrested ten Somali nationals for illegal entry into Zambia.

The Immigration Department has also arrested and detained three people, including two Zambian nationals and one Tanzanian, for allegedly aiding the prohibited immigrants.

Nakonde District Commissioner, Edwin Sinyinza, confirmed the development in an interview with ZANIS in Nakonde today.

Mr Sinyinza said the prohibited immigrants were intercepted by alert immigration officers near Wulongo police check point, about 6 km from Nakonde border.

Mr Sinyinza said the Somali nationals are currently detained at Nakonde police station and will appear in court today.

The District Commissioner added that three taxi drivers have also been charged with various offences ranging from human trafficking, and are also expected to appear in court today.

Mr Sinyinza said the problem of prohibited immigrants entering the country has of late become rampant, adding that there was an urgent need for the security officers to step up the efforts in curbing the trend.

Mr Sinyinza has also warned local people to desist from aiding prohibited immigrants and that those being lured into making quick money should be dealt with severely once arrested.

“I want to take this opportunity to warn people assisting the prohibited immigrants that it is a serious offence and any one found wanting will be dealt with severely as it is a security risk to do so,” he said.

Mr Sinyinza also appealed to the Nakonde residents to be on high alert and report any suspicious looking people to the law enforcement agencies.

On Monday this week, 72 prohibited immigrants who included Tanzanian, Kenyan and Somali nationals were deported through Nakonde border by the Immigration Department.

Efforts to get a comment from Immigration Public Relations Officer Pauline Mbangweta, failed.

ZANIS

Secretary to the Cabinet Joshua Kanganja has warned civil servants of disciplinary action should they decide to stay from work tomorrow, September 3.

Dr. Kanganja maintains that September 3, the date on which President Levy Mwanawasa was buried is not a public holiday because government has not gazetted it.

The Secretary to the Cabinet says he expects a 100 percent turn-out tomorrow for both public and civil servants.

He told ZANIS in an interview in Lusaka today that workers should not be misled by calendars showing that September 3 is a public holiday.

Chief Government Spokesperson Ronnie Shikapwasha last night announced that September 3 is not a public holiday because government has not gazetted it.
He said civil servants should know that the General Orders regulates them therefore they should adhere and abide to it.

Dr. Kanganja warned that  Labour Commissioners from the Ministry of Labour and Social Services will go round to monitor the private sector companies who will defy government’s directive by giving their employees leave tomorrow.

“I want to reiterate the sentiments of the Chief Government Spokesperson who yesterday announced that September 3 is not a public holiday. I expect a 100% turn-up tomorrow because government has not yet gazetted it as a holiday. It is a normal working day,” he said.

He explained that if government had gazetted September 3 a public holiday, he could have issued a circular from his Office.

“I could have issued a circular from my Office to announce to members of the general public that September 3 is a public holiday but it is a normal working day,” he said.

ZANIS

Government says the stance taken by Vice President George Kunda and Director of Public Prosecutions (DPP) Chalwe Muchenga does not amount to indiscipline.

Reacting to calls by Patriotic Front leader Micheal Sata, to have the Vice President and the DPP removed, Chief Government Spokesperson Ronnie Shikapwasha charged that the calls demonstrate Sata’s ignorance of the Zambian judiciary.

Lt. Gen Shikapwasha says the calls to remove the DPP and Vice President, who is also Justice Minister, for alleged misconduct in the acquittal of former President Frederick Chiluba has further shown Mr. Sata’s hypocrisy.

Lt. Gen Shikapwasha, who is also Information and Broadcasting Services Minister, said in a statement to ZANIS in Lusaka this afternoon, that although the PF leader has a right to express his opinion on the acquittal, he is not granted to demand the circumvention of the legal process.

He charged that it was hypocritical for Mr. Sata to assert that an appeal was obligatory for all acquittals when he did not demand an appeal against his own acquittal on theft charges seven years ago.

Lt. Gen. Shikapwasha said Mr. Sata’s displeasure with the court’s ruling was not justifiable enough to charge Vice President and the DPP of misconduct.

“The Vice President as Minister of Justice and the DPP have rightly asserted the fact that an appeal arising from a prosecution that was being conducted on behalf of the DPP has to have the latter’s approval. Mr. Sata should also be reminded that in 2002 as PF leader smarting from resigning as Minister without portfolio a few months earlier was acquitted by the Lusaka Magistrate courts on charges of theft of a Hyundai Sonata and Toyota Land Cruiser valued at K15.8 and 40 million respectively” he said.

He said an appeal has to be approved by the DPP adding that lawyers from the Task Force on Corruption can only exercise their powers on his behalf.

Lt. Gen Shikapwasha further said the DPP had stated that the Task Force on Corruption had no power to make an appeal without his approval and he would advise the way forward after studying the lower court’s ruling.

He has since advised Mr. Sata to conduct himself in an orderly manner and uphold the law and justice irrespective of the status of the person appearing before the courts.

He further stated that Mr. Sata’s statement had demonstrated that he could not be trusted to uphold the law.

Lt. Gen Shikapwasha said even the PF constitution clearly states how PF would control public institutions which includes the judiciary by ensuring that holders are committed to achieving PF goals.

ZANIS