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Man Gets 3 Years For Insulting, Threatening Sata’s In-Law
A 29 year old man who allegedly insulted president Michael Sata’s mother in-law has been jailed 3 years with hard labour after he had been convicted by magistrate Bonface Mwiinga, reports The Post.
Rashid Ibrahim who pleaded not guilty to one count of threatening violence contrary to the laws of Zambia was jailed after court found that the prosecution team established a case against him beyond reasonable doubt.
In this matter it was alleged that Ibrahim on December 12, 2011 in Lusaka threatened injury to 75-year old Loyce Kaseba who is mother of first lady Dr Christine Kaseba.
The charge show that Ibrahim threatened Loyce by saying “I will kill you while armed with a chair”.
The prosecution in this case called 5 witnesses, among them Loyce, who told how Ibraim went to her house and threatened to Kill her. She told the court during trial that on the material day, Ibrahim went to her house and asked her for some money but that she did not give him because she did not know who he was.
Loyce testified that Ibrahim told her that needed the money to help his friend who he claimed was arrested at statehouse after attempting to see the first lady.
After analyzing the evidence before him, magistrate Mwiinga said it was fact that Ibrahim went to Loyce’s house on the material day and that despite being asked to leave, he resisted.
He said he was satisfied that Ibrahim’s conduct was not only insulting but threatening.
Delivering judgment yesterday, magistrate Mwiinga in convicting ibrahim said he found his behaviour to be unwarranted and deliberate.
In Mitigation, Ibrahim asked for leniency, saying he was first offender and that his family was dependent on him. He said he was currently taking care of his bedridden mother and his father was too.
Ibrahim who said he has two children asked the court for mercy, saying he spent 5 years looking for his current job and that he might lose employment if sent to prison.
In passing sentence, Magistrate Mwiinga said he had taken into account Ibrahims mitigation as well as the nature of the offence
Magistrate Mwiinga, however, said he considered Ibrahim’s behavior toward Loyce as aggravating.
He said through out the time he appeared through the court, Ibrahim did not show remorse saying he needed to reform and have respect for elders. “This is a clear case that needs stiffer penalty”. The case carries a maximum custodial sentence of 5 years,” said magistrate Mwiinga,”I sentence you to 36 months imprisonment with hard labor effect December 12, 2011, the day you were arrested.”
Posted by Admin
on February 14, 2012. Filed under CRIME, LATEST NEWS.
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Barca 10
February 14, 2012 at 9:59 am
Fyakuifwaila
shangombo
February 14, 2012 at 10:05 am
haa 2 harsh judiciary.wen big criminals ar given light sentences
Rex-Q
February 14, 2012 at 10:09 am
Fyabupuba! If such ridiculous laws exist then they should be scrapped off.. How do u jail some1 for 3yrs with hard labour for jst insulting bafi colour!
saibu
February 14, 2012 at 10:12 am
3 years for insulting? that sounds too harsh
saibu
February 14, 2012 at 10:16 am
Is it becoze there now in power. Please, let true justice prevail.
Jefferson
February 14, 2012 at 10:19 am
Good job court
Kanayo o Kanayo
February 14, 2012 at 10:20 am
Is he going in for the insults – actually from the article, he did not insult at all – but showed no respect and threatening violence – and he gets 3 years for that! Is it the insult or who he insulted. KAYA!
spin
February 14, 2012 at 10:36 am
matako yabo ba kamulya weka these judges that is too harsh why not commuity service ifi shala fingi sana plus u de congest jele and serve the goverment income the nigga works and pays tax fools
mumbo
February 14, 2012 at 10:39 am
awe too harsh indeed….and the man has a family to take care of……it wud have been beta if they js descplined him not sentencing him to jail…
Bola
February 14, 2012 at 10:39 am
The sentence is quiet harsh but its a lesson to all those chaps who find pleasure in insults………
BIGBEN
February 14, 2012 at 10:42 am
he deserves it,what has state house got to do with sata,s inlaw.
Umuntunse
February 14, 2012 at 10:42 am
The devil is in the details u pipo. Read and understand b4 u start shooting…AGGRAVATING is the word that takes him down…Magistrate Mwiinga, however, said he considered Ibrahim’s behavior toward Loyce as aggravating.
Kommunity
February 14, 2012 at 10:52 am
The judgement is based on facts and the law. The prosecution proved the case of threatening violence which carries a mandatory sentence of a maximum 5 years. In this case the judges hands are tied, meting out something outside what the law prescribes would constitute incompentence or suspicion of wrong doing on the part of the judge. He is lack to get 3 instead of 5.
Musonda
February 14, 2012 at 11:04 am
Whaaaaaaaaaaaaaaaaaaat? I respect the wheels of justice but this one just takes the bicuit.how on earth do you jail someone that many years for insulting and aggravating behaviour lol! That law is draconian and needs to be changed to maybe a suspended sentence and a stiff fine. First time offender as well *smh*
mubanga
February 14, 2012 at 11:05 am
SOMEONE SOMEWHERE THINK INSULTS IS A TRADEMARK!
bee
February 14, 2012 at 11:08 am
Its harsh is it because its the sata`s in law??
Givers
February 14, 2012 at 11:23 am
Too bad for the young star, l personally worked with him. I hope he is going to reform. By Givers.
Kapuli wa Ng'ongo
February 14, 2012 at 11:26 am
Rashid was not charged for insulting the old lady, he threatened violence and worse still that threat was aggravated by the fact that he was armed with a chair…if he ended up by just saying, “I will kill you” he would probably have been sentenced to a less term than 3 years.
Note that the sentence metted against Rashid is not excessive and is in fact lower than the prescription of 5 years in the penal Code…..just saying.
opness
February 14, 2012 at 11:34 am
remember is insulting and threatening violence when u judge get it correct is not only insulting
Ine
February 14, 2012 at 11:35 am
its not about Sata being in power. Under Zambian laws its a serious criminal offence to insult a woman. Read your statutes
Mulenga and Jelita
February 14, 2012 at 11:41 am
In law, intention is all you need for conviction. Those who are christians know that Jesus said that merely looking at a woman lustfully is equivalent to carrying out the act. The fool should have known better who to threaten.
zoe
February 14, 2012 at 11:49 am
it was too hash a sentence to pass.please lets learn to forgive jst da way God 4gvz us.
Tione
February 14, 2012 at 11:54 am
This is too harsh, why not give him a 3 years suspended sentence. I wonder if Mrs. Kaseba’s conscience is going to be free in the 3 years the man will be behind bars. I would definetely die with a guilty conscience.
chipolopolo boy
February 14, 2012 at 11:56 am
that wasnt a fair judgement and unproffesional. just dd it to please sata.
DOT
February 14, 2012 at 12:21 pm
I THINK FOREIGNERS HAVE REALLY GROWN WINGS TO EVEN THINK THEY CAN DO WHATEVER THEY WANT IN OUR OWN COUNTRY N SAY NTHING TO WHOEVER,WHAT IF IT WAS A ZAMBIAN IN A DIFFERANT STATE? ………….
Tionge
February 14, 2012 at 12:26 pm
Hmmmmm…………..Yachilamo eyi,we are busy complaining about prison congetion yet the court is also busy sending people to prison on frivolous charges.
copperbullet
February 14, 2012 at 12:40 pm
fyabupuba ifi……. 36 months when criminals get 6 months… just coz its the first lady’s mum… you are poor you get hush sentence….. mxxxxxxxxm
BIG ENOCH .K. C.
February 14, 2012 at 12:44 pm
CHIWAMINA GALUU , RICH PIPO HAVE STOLEN ALOT OF MONEY NO LAW IS BEEN SHOWN , BUT ( INCHUSHI KUYA KU JAIL) GOD HELP US.
mundala
February 14, 2012 at 12:50 pm
i think the judgement was within the law-its unfair for us to allow thieves to attack other pipo,just bcoz we are not the one attacjked does not min we cannot be. the intention was to rob th woman and thats illigal
Seethat
February 14, 2012 at 12:52 pm
The man should have pleaded that he was drunk;or that he acted under the influence of alcohol, or he was a little bit insane.That could have affected the mens rea: May be the court could have even just fined him, to pay some money.
To bad Ibrahim.Sorry
Teddy
February 14, 2012 at 12:53 pm
You ought not insult our elders. Three year seems unfair, please repeal this colonial law.
Matakala
February 14, 2012 at 1:00 pm
Ibrahim should have apologised and maybe Loyce might have considered forgiving him but the man was so pompous. Making a mistake and never apologising for it and expect to be forgiven is like expecting to draw water from a well you poured salt into. If we ask God to forgive us for our tresspasses then we should aks those we have wronged to forgive us. If Ibrahim has apologised; who knows the case could have been settled outside court
Forgiveness
February 14, 2012 at 1:02 pm
Ibrahim should have apologised and maybe Loyce might have considered forgiving him but the man was so pompous. Making a mistake and never apologising for it and expect to be forgiven is like expecting to draw water from a well you poured salt into. If we ask God to forgive us for our tresspasses then we should aks those we have wronged to forgive us. If Ibrahim has apologised; who knows the case could have been settled outside court
HH RB SS(simata simata) Andulu kamanga
February 14, 2012 at 1:12 pm
suspendend sentence should have been ok.
sando
February 14, 2012 at 2:00 pm
Fairness of the law. This can appeal and he will be given chance.
Mwilatuka banoko ba banobe
Chikala
February 14, 2012 at 2:01 pm
Imwe bafikala, its not for insulting but for threatening violence. Its a criminal offence ala!
chambwinochilipo!
February 14, 2012 at 2:12 pm
Come on! He was threatening violence! What would u be saying if he had killed her?!
Zedians!!!!!!!!!
love
February 14, 2012 at 2:30 pm
no ways ….this judgement is useless…te boom…1 year community service should have been given or even simple imprisonment
bobby
February 14, 2012 at 2:44 pm
3 years is a little too much. A year would have been enough.
mark
February 14, 2012 at 2:57 pm
This was aggravated tresspass and threat to the old lady.
Hey madam first lady, please get your mum and let her lodge at state house. There are many houses at state house. The first family must always be protected by the state.
UPND'S Hakainde@ngombe
February 14, 2012 at 3:21 pm
Bushe nga niba noko batukile kuti waumfwa shani. Pantu ngabumupwitwile fye ubukala. alitumpa. Efilya batila kolwe ashilabengwa enda ‘nakaponooka’
Woza
February 14, 2012 at 4:01 pm
This is very good news. Especially if the chap is Asian. Keep up the great work Mwiinga.
MBEWE
February 14, 2012 at 4:35 pm
wat does the law says, did our judge exagerate it? if he did, shame on him and if not the law is the law!
good for you!
February 14, 2012 at 4:51 pm
Ba mwenye,problem,you think youre untouchable especially with your tuma wholesale sale businesses pa kamwala.Its a stern warning to the rest of you,you better watch your mouths and actions.WHEN IN ROME DO WHAT THE ROMANS DO!
zed nigaz
February 14, 2012 at 4:58 pm
pliz let us hv mercy,luk at his situation n then judge,infact he went there to ask 4 help n in the end he got three years behind bars leavin his poor family behind n his precous job tht he has been lukin 4 over 5 years.th judge did it to impres sata
Wanu Ngwee
February 14, 2012 at 5:24 pm
THIS JUDGEMENT IS OBJECTIVE AND HAS NOTHING TO DO WITH THE CLAIMANT’S RELATIONSHIP WITH THE PRESIDENT. ARROGANCE, THUGERY, DISRESPECT AND VULGAR LANGUAGE HAVE NO PLACE IN OUR SOCIETY. YOU CAN TELL FROM SOME BLOGGERS’ POSTINGS ON THIS SITE THAT THESE SCOURGES ARE BECOMING TOO RUMPANT IN OUR COUNTRY AND ARE PROPELLING PRIMITIVITY OF THE WORST KIND IN A COUNTRY OF SO MANY EDUCATED AND CIVILISED MINDS. SO, I TOTALLY AGREE WITH THIS SENTENCE AND WOULD ACTUALLY HAVE WISHED FOR HARSHER. PLEASE LET’S NOT DRIVE OUR COUNTRY BACKWARDS, WE’VE ALWAYS BEEN KNOWN TO BE CIVIL AND GENTLE.
Wanu Ngwee
February 14, 2012 at 5:33 pm
@ ZEDNIGAZ, you must be extraordinarily kind to help someone who’s holding out a chair threatening to kill you… You’ll also do well to go back to the story and see the intention and sacarsm on this guy’s part by approaching the President’s mother-in-law on the basis of what happened to his friend at state house!
lobe
February 14, 2012 at 7:06 pm
After his sentence,deport him back to india where they have no toilets and bath in rivers.Coz ba mwenye,you really think youre white and yet some of yu are even blacker than us.
Law@NIPA
February 14, 2012 at 7:27 pm
That is wat the law can do and it is nt that there are power no.The burden of proof layd on the prosecution party who in this case did there best to bring forthwith to the Judge the whole truth.Never mind about it any may Almighty God protect him in his hadship time.
Bokosi
February 14, 2012 at 9:04 pm
‘threatenig to kill’ is a more serious offence than just ‘insulting’.
Iyo chabipa mwenye, his friend is enjoying with free money from government on top of a bank given back to him.