Headman jailed for cattle theft

An 88 year old headman of Kapiri Mposhi and his 24-year-old grandson have been sentenced to five years imprisonment for stealing five herds of cattle.Before Kapiri Mposhi Magistrate were Headman Rabson Mabonga and his grandson, Frank Mulasa both of Kalweo area in chief Mukonchi’s area in Kapiri Mposhi district.Particulars before court were that on August 19, 2020 Mabonga and Mulasa, jointly and whilst acting together, did steal two oxen, one bull and two calves all valued at K20, 000; the property of Stan Mwiinga.This is contrary to section 275 (2) of the Penal Code Chapter 87 of the Laws of Zambia.When the matter came up in court both Mabonga and Mulasa pleaded not guilty to the charge of stock theft.The prosecution team led evidence from four state witnesses that included Headman Mabonga’s two other grandsons.During trial the court heard that on the material day around 09:00 hours Mwiinga opened the kraal where he had secured his herds of cattle so that they can go out for grazing.But when it was dusk and his animals had come back from grazing, Mwiinga noticed that six herds of cattle were missing.After a week of searching in futility, Mwiinga, with the help of other members of the community found his missing five animals at headman Mabonga’s village.This prompted Mwiinga and concerned members of the public to apprehend Headman Mabonga and Mulasa and ferried them to Kapiri Mposhi Police Station where they were formally arrested.During trial two other grandsons to headman Mabonga, who stood as state witnesses, testified that the traditional leader had never kept cattle at his village and were wondering where he had suddenly procured the said animals.They also testified on oath that their grandfather told them to slaughter one cow, adding that after selling the meat Mabonga gave them K200.In mitigation Headman Mabonga pleaded with the court not to jail him as he was an old man and serving nine month imprisonment in a different matter.But in passing judgement magistrate Banda was surprised to note that the headman was elected to keep the animals belonging to one of his subjects for a week without making efforts to trace the real owner of the property in question.Magistrate Banda also observed that a traditional leader should be a role model and a law abiding citizen.Magistrate Banda expressed sadness that headman Mabonga was setting a bad example, which he said was making his grandchildren to resort to criminal enterprises.Magistrate Banda said that the prosecution had proved the case against the accused persons beyond reasonable doubt and convicted the duo as charged.But public prosecutor Chikankheni Mwanza disclosed that headman Mabonga was a serial offender and was currently serving a nine-month sentence for committing a different offence.Magistrate Banda then sentenced headman Mabonga to five years imprisonment with hard labour to run consecutively with the nine-month sentence that he was currently serving.He also sentenced Mulasa to five years imprisonment with hard labour, stating the sentences would serve as deterrent to people that would want to engage in stock theft especially that such cases were rampant in Kapiri Mposhi district. – ZANIS The Sun