Lusaka man jailed in Chinsali for aiding prohibited immigrants

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—A Lusaka resident has been convicted and jailed for two years with hard labour by the subordinate court in Chinsali district of Muchinga Province after being found guilty on charges of aiding and abetting illegal immigrants contrary to the Laws of Zambia.

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And a government worker, Davies Simufwela, of Serenje in Central Province, who is alleged to have aided eight Pakistan and four Bangladesh nationals to enter Zambia illegally, has been granted a KR1000 bail by a Chinsali trial magistrate.

Appearing before magistrate Chongo Musonda  for plea were Ibrahim Lungu, 23, and Lemani Phiri, 33, charged with one count of aiding and abetting prohibited immigrants contrary to Section 46 (1) of Act number 18 of 2010 of the Immigration and Deportation Act of the Laws of Zambia.

Facts before the court were that on March 23, 2013, the duo, jointly and whilst acting together, did aid and assist illegal immigrants, namely Aleater Teshome, 21, Tekele Ashinego, 24, Dinike Tems, 20, Abera Temesgn, 21, and Kasiro Shanko, 22.

Others are Matthews Adams,24, Asfar Boker ,22, Alias Alema Yehu, 19, Atacho Manomo, 20, and Ekmilas Erkalo Mrisorobekele,25, all Ethiopian nationals to enter Zambia using a Toyota Land Cruiser Prado registration number  ABV 8709.

Lungu pleaded guilty while Phiri pleaded not guilty to the allegations levelled against them.

In passing judgment, magistrate Musonda said the court had found Lungu guilty as charged upon his own admission of guilt.

Magistrate Musonda said she had heard what the convict had to say in his mitigation but that the offence committed was very serious.

She said that she could have fined Lungu but due to the increase in the number of such cases in the country, she opted to give him a custodial sentence, adding that she was sending him to jail for two years imprisonment with hard labour in order to deter other wound-be offenders.

In mitigation, Lungu told the court that he is a bread-winner taking care of his children and pregnant wife.

He added that he is also keeping four other dependants.

Lungu asked the court to exercise maximum leniency on him when passing the sentence claiming that he did not know the intentions of his friend, Phiri, the co-accused who was with him in the vehicle on the material day.

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Magistrate Musonda has further ordered that the vessel used in the commission of the crime be forfeited to the state.

This followed an application by the Divisional Prosecutor, Winford Chavula, to have the vehicle, a Toyota Land Cruiser Prado registration number ABV 8709, which is alleged to have been used in ferrying the prohibited immigrants from Nakonde, be forfeited to the state in pursuant to Section 58 of the Immigration and Deportation Act number 18 of 2010 of the Laws of Zambia.

The convict, Ibrahim Lungu, also did not object to the application to the court to have his vehicle forfeited to the state, adding that it was up to the court to make a decision.

 Meanwhile, the case involving Lungu’s co-accused, Phiri has been adjourned to April 22, for plea.

Magistrate Musonda has also adjourned the matter involving the ten Ethiopians to the same date due to non availability of a court interpreter.

The ten Ethiopians are jointly charged with one count of illegal entry into Zambia Contrary to Section 11 (1) (2) and 56(1) of the Immigration and Deportation Act number 18 of 2010 of the Laws of Zambia.

In the same court, a government worker, who allegedly aided eight Pakistan and four Bangladesh nationals to enter Zambia illegally, has been granted a KR1000 bail with two sureties who must be residents of Chinsali district in Muchinga Province.

Davies Simufwela, a teacher in Serenje district in Central Province was granted bail yesterday when he appeared before magistrate Chongo Musonda.

Simufwela is charged with one count of assisting 12 prohibited immigrants who failed to report to the Immigration officer at Nakonde border.

Particulars of the offence were that on March 17, 2013, jointly and whilst acting together, Simufwela did assist the 12 illegal immigrants from Nakonde border contrary to Section 46 of the Immigration and Deportation Act number 18 of 2010 of the Laws of Zambia.

Simufwela pleaded not guilty to the charge.

Magistrate Musonda has adjourned the matter to May 8, 2013, for commencement of trial.

And the 12 prohibited immigrants yesterday failed to take plea before magistrate Musonda when they appeared for plea because of non availability of an interpreter.

The 12, who include Lisman Mohammad, 20, Khan Amir, 20, Dianish Ali, 20, Mahmoud Faisal, 20, Calam Abu, 24, Anisy Zaman, 29, Chod Hury, 37, Hossan Minor, 34, Zahirrul Islam, 20, Hossan Shobuj, 31, Ripun Babu, 32 and Zabed Mohamad, 32 are jointly charged with one count of falling to report to the Immigration Officer.

It is alleged that on March, 17, 2013 jointly and whilst acting together, being persons entering Zambia through Nakonde border post, did fail to report to the Immigration Officer as required by law.

Magistrate Musonda adjourned the matter to April 22 for plea.

 

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