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Man, 29, Jailed 5 Months For Stealing Charcoal
By MUKOSELA KASALWE
A 29-YEAR-OLD man of Chiwempala in Chingola has been sentenced to five months imprisonment with hard labour for stealing a bag of charcoal valued at KR40.
This is in a case in which Eddie Kawambisha is charged with theft. The offence is contrary to Section 265 of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence are that Kawambisha of house number 2083, Chiwempala, on April 6, 2013 in Chingola, did steal one bag of charcoal, the property of Gabriel Mwankenja.
Passing the sentence on Monday, Chingola resident magistrate Angela Kafunda said she had taken into consideration Kawambisha’s mitigation and the fact that he did not waste the court’s time by readily pleading guilty.
“But the court has a duty to mete out appropriate sentences. It is unfortunate that you decided to reap where you did not sow and it is for this reason that I sentence you to five months imprisonment with hard labour with effect from today [Monday], hoping that you will reform,” Mrs Kafunda said.
Facts before the court were that on the fateful day, Mr Mwankenja was taking care of bags of charcoal in his yard when Kawambisha entered his premises without lawful authority and got away with a bag of charcoal.
The court heard that Mr Mwakenja gave chase and caught up with Kawambisha and took him to Chiwempala Police Station.
In mitigation, Kawambisha begged the court for leniency, saying his wife and two children will suffer if he is sent to jail.
And in another case before the same court, a 17-year-old boy has been sentenced to two months community service, in default five months imprisonment with hard labour, for possession of 523 grammes of marijuana.
This is in a case in which the boy is charged with trafficking in illicit drugs, contrary to Section Six of the Narcotic Drugs and Psychotropic Substances Act Chapter 96 of the Laws of Zambia.
Particulars of the offence are that the boy, on April 5, 2013 in Chingola, jointly and whilst acting together with two other pupils of Chabanyama Basic School, did traffic in 523 grammes of marijuana.
Ms Kafunda said she had taken into account the statement of the social welfare officer Mildred Fox, who warned the boy to desist from using illicit drugs which are harmful to health.
“Upon your own admission of guilt, I sentence you to two months community service to clean up the Magistrates Court surroundings without fail or you will be jailed for five months with hard labour,” she said.
Posted by
Shameful
April 18, 2013 at 11:25 am
Are these cases heard in real courts by real qualified judges? If so, Zambia is indeed a third world primitive country. How can such petty cases be heard in a legal court n warrant such sentence? Come on Zambian judical system? I wonder what an ipad thief get! Probably life in prison. What a shame!!
Phiri
April 18, 2013 at 5:52 pm
So for you theft of charcoal is petty because you feel charcoal isn’t as valuable as an ipad! You get so brainwashed with stoopid spectating of Western stuff your values and virtues dissipate. Theft is theft whether you steal underwear or you steal a Mercedes Benz
Pamela W
April 19, 2013 at 9:11 pm
you must be very dull with justice and law. A lot of such similar cases happen everywhere in the world including USA and UK. Just never steal anything wherever you are. I feel sorry for you to have such a lame mind, pretty sure a lot people complain about around your ‘cast’.
mc
April 18, 2013 at 2:47 pm
Amalasha sure better he is given community service or something,i know crime escalates to serious crimes if left unpunished but charcoal sure,maybe he wanted money to feed family!who knows
Genaro the Analyst
April 18, 2013 at 3:33 pm
judges please stop congesting our jails with petty issues..that guy should have been fined or given community service instead of prison…i think you acted contrary to your own penal code. Analyze
post
April 18, 2013 at 6:24 pm
theft is theft, though 2 months or less is okay, sure over charcoal all that.. Anyway, i gues prison is for the poor.
Democrat
April 18, 2013 at 8:32 pm
@Phiri, kanshi kuchipata abamano taaapwa? Theft is theft, period. Thieves like Austine Liato start with a cob of maize then they graduate to burrying K2m without a burial permit. let him rot in jail.
Genaro the Analyst
April 18, 2013 at 8:54 pm
@Phiri you must have bumped your head to everything senseless while you where young…look at the level of crime in our country and the magnitude of a particular law broken…sometimes mwachayako analyze vintu vinangu not just yeping your mouth over nonse..the more the petty criminals stick in jail the longer trials take to be heard the more the judicial service is seen not to function…that guy shud have been fined..wa 2billion ali panja wa 40pin ali mukati. Analyze
M16
April 19, 2013 at 7:43 am
What a sad state of affairs. over charcoal. most probably that is illegal charcoal. no permit from forestry dept. truly we have a wasted system.
if you steal billions, out on bail, charcoal, sentence awaits. who needs this reform. found wanting. hunger May have been the cause, create jobs you will have less thefts.
Zebige
April 19, 2013 at 10:38 pm
While people who stole big monies continue walking the streets as free men.What a unfair world.
Makes sense
April 20, 2013 at 8:07 am
I actually feel sorry that the guy had to steal charcoal. It’s a sad state of affairs. There may be mitigating circumstances.