Detailed sentencing and judgment of Barotseland Leaders, Afumba Mombotwa and others on treason felony, 2016

27 March 2016
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On the 9th day of March, 2016, the accused, AFUMBA MOMBOTWA - A1, PELEKELO LIKANDO - A2, and SYLVESTER KALIMA INAMBAO - A3 were charged and convicted upon trial of the offence of TREASON FELONY Contrary to Section 45(b) of the Penal Code, Chapter 87 of the Laws of Zambia.

The particulars of the offence were that AFUMBA MOMBOTWA, PELEKELO LIKANDO, and SYLVESTER KALIMA INAMBAO, on a date unknown but between the 1st day of March, 2012 and 20th day of August, 2013 at Mongu, Sioma, Senanga, Livingstone and other places unknown in the Republic of Zambia, jointly and whilst acting together with others unknown, did prepare and endeavour to have Western Province secede from the rest of the part of the Sovereign Republic of Zambia.

In mitigation, it is submitted as follows:

AFUMBA MOMBOTWA

The convict is aged 58 and a family man. He has responsibilities. He has been in custody since 6th December, 2014. He is first offender.

PELEKELO LIKANDO

The convict is aged 62. He has been in custody since 6th December, 2014. He is a first offender. He is a family man with responsibilities.

SYLVESTER KALIMA INAMBAO

The convict is aged 55. He is a first offender.

I have heard and noted the mitigation on behalf of the convicts. The offence of Treason-Felony is a serious on. The offence committed undermined the authority of the executive power of the sovereign Republic of Zambia. Their enterprise had the potential to destabilize the entire nation. The sentence should therefore serve as a deterrent to would be offenders.

Section 45 of the Penal Code prescribes of upto twenty (20) years imprisonment for Treason-Felony. In exercising leniency, I sentence the convicts each to ten (10) years imprisonment with hard labour with effect from the date of arrest, 5th December, 2014.

DATE THIS 9TH DAY OF MARCH, 2016

(SIGNED)

DOMINIC YETA SICHINGA, SC, JUDGE

The copies are here linked for public records only.

Detailed (73 pages) Sentencing and Judgment found on the link: Afumba Mombotwa and Other Vs the State

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