KAPIRI magistrate fines pastor for selling counterfeit soft drinks

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Court
Court
KAPIRI Mposhi magistrate Ackson Mumba has fined a 34-year-old pastor and businessman of Ndola K540 for supplying and selling counterfeit soft drinks.

This is a case in which Lovemore Tembo pleaded guilty to three counts of selling drinks that are not safe for human consumption contrary to Section 3(b) as read with Section 31 of the Food and Drugs Act Chapter 303 of the Laws of Zambia.
The court heard that on dates unknown but between July 1 and 18, 2013 in Kapiri Mposhi, Tembo did sell and supply food drinks namely Jangle Pineapple and Orange which were certified unfit for human consumption.
Tembo was arrested on September 19, 2013 by environmental health experts from the council and district health office during their routine inspection exercise of trading outlets in Kapiri Mposhi.
The health experts seized the drinks, whose samples were tested by a public analyst in Lusaka who certified that the drinks were unfit for human consumption as they contained foreign substances that cause dysentery in consumers.
In mitigation, Tembo pleaded with the court for leniency saying he was a pastor whose reputation will be tarnished if he was jailed.
“I’m a man of God … I’m a pastor Your Honour and I have learnt a lesson from this and I promise that I will not do this again,” Tembo said.
But magistrate Mumba said being a pastor, Tembo needed to be honest in his business dealings and not dupe people by selling counterfeit goods that put the health of consumers at risk.
Magistrate Mumba said there are too many counterfeit goods in Kapiri Mposhi, and that the court will ensure that it metes out stiffer punishment to protect consumers’ health.
“Hearing the case at hand, I now fine you K180 per count as charged or three months simple imprisonment in default,” magistrate Mumba said.

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