Chinese to pay K1000 for defamation
Published On February 15, 2014 » 3594 Views» By Davies M.M Chanda » Court News, Latest News
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From the courts LogoBy SARAH TEMBO –
A CHINESE manager at a transport company in Kabwe said the remarks he made against the workers in his language was wrongly translated that he called them dangerous criminals.
“I don’t speak English neither do I understand,” he said. “I told my interpreter to tell them that they were bad boys but she told them that they were dangerous criminals.”
Jack Huang 40, is alleged to have told 45-year-old Gibson Mukweya of Lusaka’s Kabanana Township together with  other employees during a meeting at the labour office that his employees were thieves.
Facts before the court were that Mukweya and nine other union officials at the company had sought the intervention of the Labour office after failing to agree with Huang’s firm on new salaries and conditions of service.
Mukweya told the court that the decision to seek the intervention had been prompted by the strike at the company where employees were demanding increased wages.
He submitted that it was on January 29, during the meeting with the Labour officials that Huang told the person chairing the meeting that he was not ready to discuss anything with Mukweya and other union officials because they were criminals.
Mukweya told the court that he was shocked that Huang also immediately told the chairperson at the Labour office that he had fired all of the employees.
“As union leader, I told Jack to retract the words he had used where he was accusing us of being dangerous criminals but he refused, and instead repeated the same words over and over again,” he said.
But in his defence, Jack told the court through an interpreter that he never accused Mukweya and his colleagues of being dangerous criminals.
He said what he said in Chinese if correctly interpreted in English meant that the workers were bad boys and not dangerous criminals.
But Local Court Magistrate Lewis Mumba sitting with Magistrate Petronella Kalyelye ordered Huang to pay K1000 as compensation for  defamtion.

Hubby killer jailed 5 yrs

By SYLVIA MWEETWA –
A-24-YEAR-OLD Mkushi woman who beat up her husband to death on suspicion that he had an affair with her younger sister has been sentenced to four years imprisonment with  hard labour.
The convict, who had pleaded guilty to manslaughter, openly shed tears as sentence was delivered.
This  was  in a  case  Given Kalekale, is  on October 5, 2012  in  Mkushi District at  Katuba  village  allegedly  murdered  her  husband  Mulenga Mwaba.
Facts before the court were that Kalekale differed and fought with her husband Mwaba whom she accused of having an affair with her younger sister.
Kalekale then picked a piece of wood and struck her husband on the head resulting in him becoming  unconscious. He was rushed to the hospital where he was pronounced dead on arrival.
But in mitigation through her lawyer from the Legal Aid, Kalekale asked for forgiveness as the death of her husband had taught her a lesson. She  explained that while  in custody she lost her 10-month-old baby.
In passing sentence, Kabwe High Court Judge Elita Mwikisa said it was sad that Kalekale took the law into her own hands and was now paying for her actions.
Ms Justice Mwikisa said the killing of her husband was a clear case of gender based violence and was sending her to prison to reflect on her action.

‘My hubby is lazy, irresponsible’

By PEZO SIABASIMBI –
A 28-year-old woman of Lusaka’s Libala Township has narrated in the Lusaka local ourt how she gave birth to a premature baby due to over-working as she tried to fend for her irresponsible husband.
Apart from delivering a premature baby, Thelma Silubwa told the court that she was forced to look for employment three weeks after giving birth because her husband, Robbie Mbewe, could not provide for the family.
This was in a case where Silubwa sued Mbewe of Kanyama Township for divorce following persistent marital disputes.
Facts before the court were that the two got married in 2007 and have a child together but started experiencing marital problems immediately after the birth of their child.
Silubwa submitted that while Mbewe failed to provide for his family, he would go to his mother’s house where he had meals leaving his wife and the baby languishing.
“At one time his mother gave him K1,000 for food at home but he never even disclosed this,” she said. “I just heard from my mother-in-law when she asked me if I had received some money from him.”
Silubwa said the two had been on separation for four years and wanted the court to grant her divorce because she was tired of Mbewe’s beatings.
But Mbewe refuted all the allegations levelled against him and told the court that it was in fact his wife who was fond of leaving the house for no apparent reason.
Mbewe, however, admitted having received some calls from different women but claimed such people had ill intentions of disturbing the couple’s marriage.
When asked by his wife why he tolerated them and could not report them to her, Mbewe could not respond.
Local court magistrate Sharon Sichone, sitting with magistrate George Kaoma, said it was clear that the two had marital problems and granted the couple divorce.
The court ordered Mbewe to compensate Silubwa with K4,000 and a monthly K200 towards child maintenance.

‘You are merely cohabiting – court

By SARAH TEMBO
A 25-year-old woman of Lusaka’s Garden Township was left in tears during the week after the Lusaka local court dismissed her marriage of 11 years with a 30-year-old man as mere cohabiting.
The court said though the couple had stayed together for 11 years and had three children, the union could not be classified as marriage because the man did not pay lobola.
The court described union between the couple as mere as mere cohabiting.
Jessy Munthali had asked the court to grant her divorce from Gary Mumba after accusing him of trying to kill her on several occasions together with the children.
Apparently Mumba had allegedly set ablaze the family house in an attempt to burn Munthali and the three children.
Munthali told the court that her husband used to beat her as well as undress her in public whenever he was drunk.
“My husband has got no job and I am the one who is supporting the family through the sale of vegetables at the market,” she said.
“But as if that is not bad enough, my husband gets any amount of money he finds in the house and uses it to buy beer.” Munthali told the court that she latter resorted to be keeping the money in the bank but that only resulted in more beatings from Mumba the moment he discovered that she was banking her money.
In defence, Mumba told the court that he did not want the court to grant them divorce because she still loved Munthali and the three children.
Mumba claimed that the source of arguments in their marriage was his wife’s failure to consult him on many decisions even when she knew that he was the head of the house.
He also accused his wife of having an affair with another man who was buying her beer and other things.
“My wife used to take the money to the bank behind my back yet I am the head of the house,” he said.
But in what was seemed as unprecedented decision, magistrate Mumba and his counterpart Petronella Kalyelye said the couple was not married because no payment was made by Mumba to marry Munthali.
The court noted that the two were not bound to each other and advised Munthali to sue Mumba for child maintenance instead.

Woman sued for accusing neighbour of infidelity

By MUNAMBEZA MUWANEI –
THE Kabushi local court in Ndola has ordered a 24-year-old housewife of Kabushi Township to pay K600 compensation for defamation after she accused her neighbour of running after her husband.
Violet Makina of House number 6310 KX is alleged to have accused her neighbour, Cynthia Sinyangwe, 24, of admiring her husband.
This incensed Cynthia who later went on to sue Makina for defamation of character.
According to evidence before the court, Makina’s husband had on January 7, 2014 left some money with Cynthia to give his wife when she returned from where she had gone.
Upon arrival at home Makina was given the money by Cynthia but she started suspecting that the plaintiff was having a secret affair with her husband.
Cynthia told the court that she was shocked by a loud bang on the window at night, only to realise that it was Makina, who was also shouting and insulting her.
She said Makina accused her of being a sex worker who was busy admiring her husband even when Cynthia was married.
This was happening in the presence of Sinyangwe’s husband.
Cynthia’s witness and husband, Harrison Sinyangwe, 38, told the court that she heard Makina accusing his wife of infidelity.
But in her defence, Makina said that she did not insult the plaintiff but her (Makina’s) husband who had left the money with Cynthia.
Brian Makina, the witness to the defendant, told the court that he left the money with Cynthia because his wife was not at home.
He said those insults were aimed at him and not the neighbour.
Passing judgment, Kabushi local court presiding magistrate Oscar Kalaba, sitting with senior local court magistrate Mildred Namwizye, found Makina guilty and fined her K600 to be paid in installments of K150.

Man sued over witchcraft accusations

By SARAH TEMBO –
A 47-year-old woman of Lusaka’s Garden Township has dragged her neighbour to court after he accused her of practising witchcraft.
Her neighbour had also allegedly threatened to kill her.
Adah Ngulube told the court that on December 23, 2013, Ngenda Nginga went to her house carrying two machetes in an attempt to kill her for allegedly being a witch.
This was in a case where Ngulube, 47, sued Nginga of the same area for defamation of character as well as death threats.
The two were good neighbours but trouble started when Nginga accused Ngulube’s son of having a love affair with his daughter.
Ngulube told the court that on December 23, 2013 Nginga accused her of being a witch who was hiding his daughter after she had allegedly been missing for same months.
She submitted that Nginga had even boasted that he was a dagga-smoker who was willing to kill the plaintiff without fearing any consequences from the law-enforcers.
“I am scared of this man because he has threatened to take my life on several occasions,” Ngulube said. “This man fears nobody and he is feared by almost everyone. which gives him the power to insult anyone regardless of the age.”
But in his defence, Nginga told the court that he never threatened to kill Ngulube but all he wanted was his daughter who was at that moment staying with Ngulube’s son.
Nginga told the court that he had told her on several occasions to warn her son to stay away from his daughter but she never listened until his son eloped with his daughter.
He told the court that his daughter was still young and he wanted her to continue with her studies but Ngulube’s son eloped with her.
“My daughter is only 14 years old, I wanted her to complete her studies so that she could live a successful life,” he said.
But when passing judgment, magistrate Petronella Kalyelye, sitting with Lewis Mumba, ordered Nginga to compensate Ngulube with K500 for defaming her and ordered him not to issue death threats.

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