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Kanene: Prison Is Hell, Its ‘Mapenzi’
PRISON is trouble, says convicted musician Clifford Dimba, commonly known as General Kanene.
And Kanene has appealed to the Supreme Court against the 18-year jail term slapped on him by the High Court, saying the court erred in law and fact when it convicted him.
Commenting on his conviction from Chimbokaila Prison in Lusaka on Sunday, Kanene, who was in high spirits, said congestion in prison was pathetic.
“It’s mapenzi trouble to be in jail, where conditions are pathetic. There is congestion but we shall cope with it until God says ‘Yes’, one day,” the soft-spoken Kanene said.
He said his conviction would not stop him from pursuing his music career.
“It’s a temporary setback. Otherwise, I will always remain a musician and I will carry on from where I left when I come out of prison,” Kanene said.
He said what happened to him was unfortunate and took a swipe at non-governmental organisations that were “making so much noise” about his conviction.
“They (NGOs) are even saying the 18-year jail term is not enough, which is not correct because there was no tangible evidence to warrant my conviction,” Kanene said.
And Kanene condemned reggae artiste Maiko Zulu for justifying his conviction instead of sympathising with him.
Zambia National Women’s Lobby Group chairperson Beauty Katebe said the 18-year jail sentence slapped on Kanene for defilement is inadequate considering his failure to show remorse after releasing a song clearly touching on his charge during trial.
And Non-Governmental Organisations Coordinating Council board chairperson, Beatrice Grillo, said the sentence will send a strong signal to would-be defilers.
Judge Chalwe Mchenga last Friday confirmed Kanene’s conviction and sentenced him to 18 years imprisonment with hard labour for defiling a 14-year-old.
But Kanene, through his lawyer Nicholas Chanda, yesterday filed a notice of appeal against both the conviction of February 4 by Lusaka magistrate Rodgers Kaoma and the sentence.
He stated that the learned trial magistrate and the High Court erred in law and fact when they convicted and later on confirmed the offence of defilement on the grounds that there was a lacuna of evidence in terms of lack of birth record of the girl or failure to adduce in Magnetic Renaissance Image (MRI) scan to determine the girl’s age.
Kanene was alleged to have defiled a schoolgirl two years ago contrary to the Laws of Zambia. Allegations were that on unknown dates but between January 31 and February 1, 2012 in Lusaka, Kanene had unlawful carnal knowledge of a girl under the age of 16 but he had pleaded not guilty.
In jailing Kanene, judge Mchenga said the High Court was satisfied with the judgment of magistrate Kaoma, adding he could not be faulted for convicting Kanene.
He said the Subordinate Court proved that the convict had sex with the girl although the issue of contention was the age determination of the same girl.
Judge Mchenga said although birth certificates and under five clinic cards were used before court as secondary evidence to prove one’s age, the documents were not credible or reliable and were mostly used in an event that parents were illiterate.
Judge Mchenga said magistrate Kaoma was right and was on firm ground to convict Kanene and that there was no reason to review the case, and he therefore confirmed the conviction.
Posted by Editor
on April 29, 2014. Filed under LATEST NEWS.
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Oscar Pistorius
April 29, 2014 at 3:02 pm
****** *****, my prayers is that you stay there for life. How could you pounce on an innocent young girl? At least as for me, I may be convicted for murdering REEVE STEENKAMP.
Kazembe wa Lunda
April 29, 2014 at 4:04 pm
Hehehehehehehehehe!This is crazy
muntu
April 29, 2014 at 4:05 pm
Let’s calculate! A Girls got pregnant december at 13 yrs, she gev birth in september at 14 yrs, breast feed/ him fo 18 months then went back to suku. This make up 16 years and gud months, ths girl is able to do it
ati
April 29, 2014 at 9:12 pm
where did u get 18months feeding? avoid children regardless of background period
CHABWINO
April 29, 2014 at 4:10 pm
TYPING
Chanda mulenga
April 29, 2014 at 4:47 pm
Kanene should not make and blaming other for his deadly and sinful action
kusko
April 29, 2014 at 5:10 pm
The conviction is because of the song kansapato which he produced before the case was concluded. It is very unfair to jail someone without evidence.
Dora Siliya
April 29, 2014 at 5:19 pm
His new name is Colonel Chinena. KEKEKEKEKEKE LMAO
NGOSHE KU BWENDO
April 29, 2014 at 5:28 pm
Dora wanjipaya. No his name is Colonel Kanena.
Jojo
April 30, 2014 at 7:16 am
Check this out!!!!!
papa shikofu
April 29, 2014 at 5:39 pm
Ba tumfweko its Magnetic resonance not Renaissance (MRI)
Any way too bad knn, hey little girls please stay home honest bout ur age and say no!!!.
the first stone has been cast!!
Chumbu Mushololwa
April 29, 2014 at 6:02 pm
kanene ewo bakalatomba mu jele nomba….
666
April 29, 2014 at 7:50 pm
waona nyele yamwana yakuletelela.
Bemba woman
April 29, 2014 at 8:48 pm
Renaissance …Ba editor sure. Kikikikiki !!!!
wisdom
April 29, 2014 at 9:10 pm
No one shud suport kanene but again it not christian or zambian to rejoice when a brother is suffering. to the best of my knowledge kanene and who will be offenders hav learnt a lesson i therefore appeal to zambians to have mercy on him
diamond platinum
April 29, 2014 at 10:02 pm
Umupondo alila,kukosafye wemuvelevele
1chains
April 30, 2014 at 7:44 am
but people if you hve seen the picture of the same girl whos said to be underage???
Bemba woman
April 30, 2014 at 7:52 am
I saw them last night, she looked older than me hehehe…
allan
April 30, 2014 at 8:12 am
oscar u re a fool ******..18 years in prison its not a joke
allan
April 30, 2014 at 8:14 am
ba mumfwileko uluse,we dnt know wat brings tomorow
DIP STICK
April 30, 2014 at 9:54 am
THERE IS NO JUSTICE HERE AS LONG AS COURTS OF LAW ARE REFUSING TO HAVE THE GIRL’S AGE VERIFIED.
I WONDER HOW MANY PEOPLE ARE LANGUISHING INNOCENTLY IN OUR PRISONS IF WE ARE GOING TO HAVE SUCH A JUDICIAL SYSTEM.
IT SHOULD BE PROVEN TO KANENE BEYOND ANY REASONABLE DOUBT THAT THIS GIRL WAS UNDER AGE THEN HENCE HIM BEING JAILED.
THE GUY WHO FATHERED HER CHILD EARLIER BEFORE KANENE SHOULD ALSO BE JAILED.
Dimus Hangaandu
April 30, 2014 at 10:03 am
General Kanene, Life is not fair and hence the Bemba sayings, “Ishuko lya munobe tabendelamo,” and “Ubushiku ushamine ne chimbala chilocha.” Defilement is a modern phenomena from the Western Culture because African history accepts girl marriage as soon as one attains puberty (from 12 – 15 years). Carry out a research on women within KK’s generation and you will realise that most of them were married below 16 years. Even, now, in villages there are marriages and many pregnancies of girls below 16 years. Anyway, culture devolves and it is in such situations of Kanene that culture devolves faster.
the wise we see beyond
April 30, 2014 at 11:28 am
the girl is not 16 but 19 coz her baby is 2 years GK is innocent
eddieque
April 30, 2014 at 3:39 pm
Kanene doesn’t deserve this at o. Sad neh
Sils
April 30, 2014 at 4:30 pm
Ma ma ma ma ma! Ziko ili!!! this girl is actually old, if she was young why and how can she be patronising and following men in the Lodges? The fact is that she has not benefitting any coin, instead funding is ehanced into the NGO’s accounts!!! balalilapo amasuku pamutwe wakako!
Sils
April 30, 2014 at 4:32 pm
Thou shall not judge! leave judgment to The Almighty!!!