By CHATULA KAMPO –
A NDOLA man has told a local court that he cannot cleanse his late young brother’s wife because he does not know her and she was not regonised by his family.
Fred Mubeta of Chifubu Township told Ndola main local court magistrate’s Kaala Nyambe and Dismas Katampi that he could not cleanse Patricia Kamboni of Hillcrest Township in Ndola because he did not regonise her as his late brother’s wife.
Mubeta told the court that he only knew about the complainant being his late brother’s wife at the funeral.
“I cannot cleanse her because I do not know her. The woman I know that was married to my brother was divorced a long time ago and had not been visiting him since then,” he told the court.
He told the court that his parents were in Mongu in Western Province and did not know the people that paid the bride price on behalf of his late brother to the complainant’s family.
The complainant told the court that she was married to the deceased for five years and that her bride price was paid by the defendant’s relatives in Ndola.
She told the court that she wanted the defendant to cleanse her so that she could continue with her life.
“All I want is to be cleansed by this man. He has been refusing to do so saying he does not know me. This is the reason I brought him to court,” she told the court.
Mr Katampi,however, adjourned the case to September 3 and ordered the complaint to come with the people that paid her bride price.
‘My mother in-law said the child wasn’t mine’
By MWANGALA LISELI –
A MAN of Lusaka’s Misisi Township has told the Main Local court that he stopped supporting his child after his mother in law told him that the child was not his.
Emmanuel Sichone told the court that his mother in law had told him that he had a small male organ and therefore could not have impregnated her daughter.
Sichone further told the court that his mother in-law had also stopped him from keeping the child.
This is in a case where Sichone aged 24 was sued for review of child maintenance by the baby’s mother Grace Bwalya aged 19, after he stopped supporting their child.
Sichone told the court that he had no problem in supporting the child stating that he only stopped because of his mother in-laws remarks.
“I have always given her (Bwalya) money for our child and I have no problem with that but her mother told me that the child was not mine because I have a small manhood and could not have impregnated her daughter,” Sichone said.
Bwalya, however, said Sichone stopped giving her money for the child and used to fight her whenever she reminded him.
“He (Sichone) gets violent and always beats me whenever I go and ask for the money for the child which made me stop going to collect the money.
Bwalya also asked the court to increase the money saying he (Sichone) used to give her previously was little to carter for all the needs of the child.
Passing judgement, principal presiding magistrate Mable Mwaba sitting with senior local court magistrates Grace Kanda and Miyanda Banda ordered Sichone to start giving Bwalya K200 per month for child maintenance.
Death row inmates withdraw appeal
By SYLVIA MWEETWA –
TWO Lusaka men serving death sentences for attacking and robbing a driver while armed with a firearm withdrew their appeal.
The two who attacked a man they mistook to be late president Frederick Chiluba’s private secretary were convicted in 2004 before appealing against sentence before a team of Supreme Court judges led by Justice Gregory Phiri.
This was in a case in which Dennis Mukonda, Brighton Ndala and Davis Mwanza who is now deceased were on October 4, 2004 sentenced to death by the Lusaka High Court for aggravated robbery.
During trial, the State called 10 witnesses among them Obrien Nsabika who narrated that on July 9, 2001, he was at State lodge in Lusaka when he saw the attackers as he was about to get into a vehicle.
He said the two men pointed a gun at him and later asked him to lift his hands in the air as they asked whether he was Mr Chrispin Mushota.
He said the two later searched him and forced him into the vehicle where they undressed him before covering his face using his jacket and drove into the bush where there abandoned him.
Kitwe youth gets 18 months for theft
By MARILYN ROSE –
A TWENTY-YEAR -OLD-youth of Kitwe has been sentenced to 18 months imprisonment for theft of goods from a shop.
Magistrate Dansen Muchaba sentenced Binwell Katembe of no fixed abode to 18 months imprisonment but suspended for the same period on condition that he does not commit a similar offence.
Katembe was charged with breaking into a building and committing a felony therein.
Particulars of offence were that on July 23, Katembe broke into a shop and stole three bicycle hubs valued K45, the property of Sunday Silangwa .
The court heard that on the material day, Mr Silangwa left his shop locked and all windows including doors closed after knocking off around 18:00 hours.
Around 23:30 hours, a depot supervisor who was going round the shop found Katembe by the window which he had opened.
It was then that the depot supervisor gave chase and apprehended Katembe who he found with three bicycles’ hubs.
Upon being apprehended, Katembe was taken to Mr Silangwa who handed him to the Police where upon being interrogated, he failed to give a satisfactory answer.
Katembe was then charged and arrested for theft and warn and caution statement was recorded from him.
During mitigation, Katembe asked the court to exercise lenience against him because he had a problem with his stomach and that normally, he would discharge worms when at the lavatory.
He also told the court that he was still in school and if sent to jail, his education would be cut short.
“My parents are also not aware that I am in Police custody,” he said
Magistrate Muchaba said he had considered the accused mitigation but that the offence deserved to serious punishment.
Hubby refuses to reconcile with wife
By SARAH TEMBO –
A LUSAKA man has told the Main Local Court that he will not reconcile with his wife of 14 years because she threatened to cut off his manhood.
Appearing before Magistrates Linda Tembo, Esther Mulomba and Esther Mulomba, Canan Lungu, 38, vowed never to reconcile with his wife stating that he would be risking his manhood.
“Leaving with my wife is a risk as she has repeatedly told me that she will cut my manhood so that I stop chasing after other women, so to avoid losing my manhood it is better we go our separate ways,” Canan
told the court.
This was in a case in which Enala Nyirenda aged 35, sued Lungu for marriage reconciliation after he deserted their matrimonial home early this year.
Nyirenda told the court that the two have four children and that problems in the marriage stated in 2006 when the former stopped supporting the family.
She further told the court that Lungu also started having girl friends in 2006 and that it was during the time she started denying him his conjugal rights.
But Lungu in his defense told the court that he deserted his home because his wife never
respected him and used to tell him that he was not a man enough.
He further told the court that he stopped supporting the family on grounds that his wife told him that she could do without him because her family was rich.
He further told the court that he stopped paying rentals because his wife denied him his conjugal rights.
“My wife insults me even in the presence of my children, she tells me that I am not a man enough and denied me my conjugal rights,”he said.
The court failed to reconcile the two.
5 convicted robbers ditch appeal
By SYLVIA MWEETWA –
FIVE men sentenced to death for killing a driver before snatching K1.5 billion belonging to ZANACO in a day light robbery withdrew the appeal against their conviction filed in the Supreme Court.
However, the sixth person has asked the court to acquit him saying there was no evidence linking him to the case.
This is in a case in which Dick Kapandula, Field Chisaluka Tembo, Mabvuto Tembo, Peter Tembo, Christopher Njovu and Charles Phiri convicted and sentenced to death by the Lusaka High Court in April 2012 were challenging the sentence in the Supreme Court.
When the case came up for hearing of the appeal during the Supreme Court sitting in Kabwe recently, the five appellants withdrew the appeal while Phiri said he would proceed.
The appellants who were facing two counts of murder and aggravated robbery appeared for appeal before Justice Gregory Phiri.
In the first count, the appellants whilst acting together on July 4, 2007 murdered Blastone Zimba while in the other count they stole K1.5 billion a property of ZANACO while armed with firearms.
During the trial, the State called 10 witnesses among them Wezy Elizabeth Pearce, then manager in Lusaka who said that she received a request for K1.5 billion cash from Kabwe’s Zanaco business centre between June and July, 2007.
She testified that the money was collected, handed over to Anderson Securities for transportation to Kabwe.
Another witnesses, testified that he recalled receiving a call that the vehicle carrying cash to Kabwe had been ambushed between Landless corner and Liteta and later rushed to the scene.
Another witnesses testified that as he was trying to get a lift from Landless corner, he saw two men who approached him and that one asked if there was work for road contractor but he responded that he did not have information.
He further said he saw a tinted vehicle parked across the road where two men emerged with firearms as an Anderson security vehicle was about to pass. He said one suspect shot directly at the driver killing him instantly and that the suspects later sped off.
The six were found with a case to answer but in their defence, although they denied the charges they were found guilty and sentenced to death before appealing against the sentence in the Supreme Court.
Phiri, who opted to proceed with the appeal, asked the court to acquit him.
He argued through his lawyer that he was wrongly jailed and denied his involvement in the crime.
Lusaka couple granted divorce
By MWANGALA LISELI –
THE Lusaka Main Local Court has granted a woman of Chadleigh divorce, following a series of extramarital affairs by her husband.
This is in a case where Effie Chifuka, 41, sued George Mwamba, 47, for divorce after he constantly beat her and called her a witch after discovering his extra marital affairs.
Chifuka told the court that since she discovered her husband’s girlfriend, life has not been the same.
Facts are that the two had been married for 21 years and have three children but that problems in their marriage started after Chifuka discovered that her husband had a child with his girlfriend.
Chifuka narrated that her husband used to beat her whenever she asked about his chain of girlfriends and told her that their marriage was over.
The court heard that Mwamba asked Chifuka to live with him as man and wife for the sake of the children.
She told the court that her husband used to sleep with his clothes and stopped her from washing his clothes.
“He called me a witch and that he was going to torture me for knowing his extramarital affairs,” Chifuka said.
But Mwamba said his wife lacked respect and was too talkative and aggressive towards him.
He said that Chifuka never liked his relatives and used to chase them whenever they visited.
He also said Chifuka was always accusing him of having girlfriends and even sleeping with his own sisters.
Mwamba further stated that there was no happiness in their home adding that his wife even refers to him as a dog.
The two were granted divorce by Magistrates Mable Mwaba sitting with magistrates Grace Kanda and Miyanda Banda.
The court ordered Mwamba to compensate Chifuka K15,000 in monthly installments of K2,000 while all properties acquired together during the marriage was to be shared equally.
