Dear Editor,
Why give him a maximum sentence for a first time offence that effectively puts him away for most of his useful life?
How many men verify the age of the women they date? It is presumed on inspection.
Though premeditated, it appears there was wilful consent which also makes it probable the victim knew what she was doing and had had sex before
Why should he only be an example yet very recently the same courts let off some Chinese he-goats in Luanshya in similar circumstances
I entreat your thoughts….
LUSAKA based musician Clifford Dimba, popularly known as ‘General’ Kanene has been sentenced to 18 years with hard labour for defiling a 14-year-old girl.
Lusaka High Court Judge Chalwe Mchenga said after he confirmed Dimba’s conviction yesterday that he was sending him to prison because he broke the law by having unlawful sex with a girl under the age of 16.
Mr Justice Mchenga said Dimba’s defilement of the girl was premeditated seeing that he had asked the girl to carry clothes with her so that after school he could meet her and have sex with her.
“On the day when you wanted to have sex with her you knew it, you planned for it because you told the girl to come with clothes and not in her uniform,” Mr Justice Mchenga said.
Mr Justice Mchenga said the offence of defilement has become prevalent and as such he was going to impose a sentence that would deter would-be offenders.
“I sentence you to 18 years imprisonment with hard labour effective February 4th, 2014 the date when you were convicted,” Mr Justice Mchenga said.
Dimba, 27, of house number B/02 Misisi Township, was charged with the defilement of the girl on January 31, 2012 and later Lusaka magistrate Rodgers Kaoma found him guilty of defiling the girl who was a grade seven pupil of Kamwala South Township.
Mr Justice Mchenga said he was satisfied with Lusaka magistrate Rodgers Kaoma’s conviction of Dimba and that the lower court could not be faulted because it was true that Kanene had sex with the girl.
He said that some prosecution witnesses presented to the court an enrollment form for 2007 which showed that the girl was born on March 25, 1998.
Mr Justice Mchenga ruled that the birth certificate and under-five card which Kanene had wanted to be presented to the court to confirm the age of the girl were secondary evidence.
Earlier, one of Dimba’s defence lawyers Tresford Chali had asked the court to stay the sentencing and instead grant them permission to appeal to the Supreme Court to have his case reviewed, an application Mr Justice Mchenga refused to grant.
Dimba in his mitigation through his defence lawyer Nicholas Chanda and Mr Chali asked the court to slap a sentence that would enable Dimba to use lessons learnt from his conduct to impart good morals in other people.
Mr Chanda said that his client was a musical icon who had made a mark and contributed to the income of the nation, adding that even a minimum sentence of 15 years would suffice in order for Dimba to revive his career afterwards.
Walubita Mubita
buster
April 26, 2014 at 12:30 pm
if he was innocent as u claim,how cum he wanted to bribe da parents of da gal with a car??kanene mst rot,a penis was neva meant to penetrate any mubo it sees
#guru
April 27, 2014 at 10:56 am
Let me say this............
April 27, 2014 at 12:06 pm
Buster……
Where is it written in the article above that the author is “innocent”. Your kind make the devil happy. The devil is the father of lies and accusations.
The author is saying the sentence was too much considering he was a first offender and the girl had agreed to having sex. The author never stated anywhere that General Kanene was innocent.
Some people……………
Pathetic Fools of Judges
April 26, 2014 at 12:36 pm
The Judges of this government are just dull and are there just for money and not Justice.So corrupt and leave politician scout free from cases that are straight forward but fail to understand and judge wisely in ordinary cases where even a lay person can understand the issue.And indeed why deny him appeal?Rotten Justice system of pathetic Fools.Your end will be terrible for your unfair justice you Judges.Thats why you die lingering misserable deaths.God is watching what you do behind closed doors.SHAME!!
tabo ni nyakalalo
April 27, 2014 at 8:11 pm
What is unjust about this judgement wechinangwa we. what if it was your dota. VIVA judge!!! kanene must even compose songs about defilement while in jail. kekekeke
”..“
April 26, 2014 at 12:52 pm
Iwe chi Pathetic Fool…, wh@ did u want th judge to do? Give him 1 year wen th law clearly says a minimum of 15 years? Its u who appears dull not the judge. Think b 4 u show yo ignorance!
nyboma
April 26, 2014 at 1:31 pm
its only on zambia that a convicted sex criminal will get sympathy..no one seem to be concerned about the little girls welfare..she will have to live like that for the. .rest of her life..she has a life sentence already..been raped or defiled is traumatising.she will probably never trust a man…kanene is a sex beast not a victim..laws are there to protect innocent kids…anyone who blame the judges is insane..and its not the first time one is sentecend for that long.we hear ut everytime some getting 20yrs..just cos he was a celebrity then he shud be spared???
Let me say this............
April 27, 2014 at 12:08 pm
There is no rape here.
The author is saying the sentence was too much considering he was a first offender and the girl had agreed to having sex. The author never stated anywhere that General Kanene was innocent.
Some people……………
Ganja Farmer
April 26, 2014 at 1:57 pm
He can be a first offender but the guy was unremorsful,he made fun of the whole judicial sistym and the victim,u lose nothing by being humble,sorry for the wrong u do,it doesn’t matter who u are,no one is or should be above the law
richman
April 26, 2014 at 2:57 pm
It’s difficult to sympathise with this man.Instead of showing remorse or just being quiet he was busy making fun of the judiciary by singing ****** songs like ka sapato ka mwana. Even if a girl successfully manages to have sex with you and satisfactorilly for both parties if she is below 16 bwana you immediately become a CRIMINAL.That is the law.
ChiKA
April 26, 2014 at 3:07 pm
I still think it was an unfair trial, like how old was the girl? I think the law must be revisited regarding defilement, some teens are old enough to reason, to chose whether or not to have sex with an adult, unless where someone is forcefully defiled.
pjj
April 26, 2014 at 3:08 pm
For the fact that birth certificate ad under five are yet to be seen I still can’t believe the sentecing, unless if was outside lusaka were these two documents may not be possible to be available
eng
April 26, 2014 at 3:17 pm
kanshi ni ka grade 7. awe mwandi walakwa. 18 is just ok for him. what can u see in a g 7 mwebantu. its funny coz i feel he did not even enjoy the ride which landed him in deep shit. its impossible to peneetrate a g7 with nominal force. she must have been in pain at the time.
club zero
April 26, 2014 at 3:22 pm
whts unfair,he was surpose to get 30 for kasapato,check this out.cello master back to cello.
Mature
April 26, 2014 at 3:45 pm
By Education Act CAP 234, a Zambian child enters nursery school at the age of three; it spends 4 years at nursery/pre-school. It graduates from Early Education school at the age of 6. At 7 it enters Grade 1. A grade 7 pupil is expected to be 14 years by law. So whether General Kanene’s sexual victim’ birth record was available on not, the fact remains that the victim was under age, a child, period.
Single lady
April 26, 2014 at 4:30 pm
Mr/MS/Mrs mature,
Your theory has no solid foundation you know that,because if I take this in the hypothesis researching methodology, it will mean all 14years girls/boys in zambia are in G7,by the time we find a 15years old G7 your theory is overboard!! When a court sentence someone you need solid evidence and this case to me in countries outside Africa he would be free,how can it be possible a child born end 90s doesn’t have a birth certificate is Zambia going back in stone age?
FuManchu
April 26, 2014 at 4:54 pm
Single Lady you seem to have very high expectations and no experience with Zambian efficiency at the Birth Registration office otherwise you would not ask…”How can it be possible a child born end 90s doesn’t have a birth certificate is Zambia going back in stone age?” it’s high time families learnt to keep the birth slips provided by hospitals though the challenge still arises when it comes to births assisted by community birth attendants.
bbwii
April 26, 2014 at 4:58 pm
he deserve to be punished,if is your child who have been defiled,was it going to be unfair when the law takes its course,
Single lady
April 26, 2014 at 5:17 pm
Mr./ms./Mrs.bbwii,
This has nothing to do with (un)fairness in the first place,but the TRUTH! Everyone who commits a crime has to face the consequences, but on a fair trail and evidence has to be valid! This trail as an observer seems not to be clear,these courts are just trying to send a “sign/signal” to the people of Zambia to give them the feeling of protection, meanwhile the government ISNT doing enough for them!! My opinion, so be rational do judge,if it was you in his place you surely would wanted a fair trail or?
Pioneer
April 26, 2014 at 5:27 pm
He is even lucky to be given 18 years. Other similar offenders have been slapped 30 years and above With Hard Labour.
¤
April 26, 2014 at 7:47 pm
Thoz who ar sayin its nt fair,y can’t u go & ask the judges 2 reverse the case under question? Bcoz i c no use 2 start attackin each other on this site.Since u who are against the sentencin are many,go there & stage a protest coz the majority always wins & m sure u will as well.
All what i can say z that,its a sad development ineeded 2 both sides (G-Kanene & the girl’s family)..
Judge Master
April 26, 2014 at 10:28 pm
Zambians are kind by nature (hence the sympathy), but General went too far. In Europe, the sentence could have been worse. He was not even remorseful, instead he was proud of what he did and was even making fun of the Zambian judicial system by singing foolish songs like “kasapato” and “Cello”. He is really a bad example of celebrities in Zambia.This man deserves more than 18 years!
Umu Roma
April 26, 2014 at 11:39 pm
Just feeling pity 4 da gal bcuz I believe she’ll nevr be free minded in her life! Someone spendin O those yrs jst bcuz of her and she went by herself 2 his place.
kakolwe
April 27, 2014 at 2:04 am
Indeed, age 7 is only but a minimum age requirement for grade 1. Some start even at 10. But Kanene’s case has exposed how these predators of young girls operate. They lure a grade 7 to damp uniforms & follow them to their evil schemes. Why didn’t he ask the girl for her birth record before letting his Size 10 go into size 1
costa
April 27, 2014 at 2:51 am
no matter how long it takes,the truth will come true.if kanene is innocent,u wil hear abt how misarable that family wil live and ask 4 4gvnes.surely GOD is not sleeping.
MiG
April 27, 2014 at 4:32 am
Walubita, stop thinking with your balls! Kanene is old enough to know that school kids are government trophies and having sex with them is automatically statutory rape! These kids by law cannot make any legal binding contract, if you say she consented to sex, by law they will say you seduced her and claim that you a child predator who likes preying on vulnerable kids! Any man who uses his brain,should stay away from any uniformed girl even if she looks 30 years old,others are getting 25 years he is luck.
poligirl
April 27, 2014 at 5:12 am
ITs sad that such a public figure can be caught up in something like thing and yes, he does deserve some punishment and so does the girl. Alot of these young school girls deliberately aim for older men for material and financial gain, and seeing that kanene was not her first guy, that just shows its a habit of hers and she too should have a punishment of some sort (to teach other young girls to stay off older men).
The courts are unfair indeed, the chinese fool in luwanshya was let off yet kanene get 18 yrs and are using the to send a massage to men. lol. Be fair ba court.
Lingwavo
April 27, 2014 at 5:27 am
Pipo Plz Du Nt Let Men 2 Be Diven By Ther Penis By Ther Senses. A Man Shud Mek Dcsions Uzng His Brain Nt His Penis.
kakolwe
April 27, 2014 at 7:42 am
You people, where is your sympathy coming from? Would you celebrate me dwinking your grade8 daughter just because you know that she sleeps around? HELL NO!!! The least I should do is to help her reform. Now Kanene wishes to die, ebupuba! Let him just cut off size 10
mpwitikiti
April 27, 2014 at 8:33 am
ilyashi lya bwamba pa twaice twakana 18 years and above twakulamikaka ba fikala.lekeni twaice tulekula if you investigate bwino limbi chikala alikapela na HIV.DO NOT PROTECT CRIMINAL ACTS.
wajimona
April 27, 2014 at 9:08 am
Good riddance. I never liked his music.
eng
April 27, 2014 at 9:51 am
kanene. too bad for u. but u also, why didn’t u find a g 12 upper. g7 awe boyi naiwe.
jk
April 27, 2014 at 9:53 am
i will folow kanene n cirmcise him in prison so dat he comes back wounded in 2032. Come out on president- prerogati 2014
survivor
April 27, 2014 at 9:53 am
Kanene was WRONG, but surely there must be a way of teaching these young girls to reject sexual advances from older men.
It seems the rot is generally in the whole nation. Remember the cases of the sex orgies by these same pupils recently reported in the media? What about the influence of luscious movies and music videos?
Further, a visit to a standard night club in zambia reveals the high levels of UNDER-AGE patronage. What are we as parents, guardians, brothers, sisters etc doing to curb this scourge?
So in as much as I do not tolerate what kanene did, I feel the entire community should partly share the blame.
Kenneth Kaunda Obama Mbewa
April 27, 2014 at 12:15 pm
the issue here is having sex with a minoy. imagine dats your dota whom u want to go to sxu up to university then sme cheap married guy slips wth her what cud u do? in zed lets be objective for once. dis guy has a wife so y the chitechi of sliping around wth small gals! infact it shud hv bn 30 years. zedians bcoz wagwila ka 2 pin den u shud go about removing yo chitechi everywhere nd on anybody? try it on ma dota
Judges from KOPALA.
April 27, 2014 at 12:20 pm
To start with, the all thing is a mess.How do you sentence someone without genuine evidence?How many of you inquire about the age of ladies you have SEX with?To be honest,its not as easy as some might think.Nowadays you can’t tell the difference between a 14yrs old and an 18yrs old girl.That’s why am not convinced Dimba is guilty of the changes.Coming to the grade issue,it’s not a guarantee that everyone can be in grade 1 at the age of 7.Some can start at the age of 9 and fail at make it to grade 8 for 2yrs.This shows how pathetic the judicial system is in Zambia.The only hope now for him is the prerogative of MERCY.May God be the one to judge.
mpwitikiti
April 27, 2014 at 12:56 pm
waba cilitole chikala katombe umwana u will see law will visit u
Nkoya beuty
April 27, 2014 at 3:23 pm
To start with, some people are too ignorant of the law that was used in convicting this defiler. It does not matter weather the girl conseted. As long as it is a girl under 16 years old, it is defilement even if the girl conseted. Men should be aware of this law, because a girl under 16 does not have the Brian’s to make a decision. That’s why he was supposed to make a decion for her by not sleeping with her. And he even got a fair judgement. Others are getting 35 years for that crime. Its more like rape
nannaa
April 27, 2014 at 5:29 pm
if it was my daughter, kanene who have been killed.
try
April 27, 2014 at 5:54 pm
Defination of defilment by law is Having sex with a girl under the Age of 16 yrs WITH or WITHOUT her CONSENT period,that is LAW.
Dr C
April 27, 2014 at 6:14 pm
Kanene,UBWAMBA BWAMULETELELA.
Umuntungwa
April 27, 2014 at 9:15 pm
Mwebantu always know that statutory rape is a very grave offence!