Wed, 08 Feb 2017 09:44:12 +0000
By Andrew Mukoma
THE Livingstone Magistrates Court has sentenced a 36-year-old UPND cadre to two years imprisonment with hard labour for threatening violence.
Godwin Simangolwa, the Kazungula district youth chairperson, was facing one count of threatening violence contrary to section 90 (B) of the Penal Code Chapter 87 of the laws of Zambia.
Appearing before Chief Resident Magistrate Willie Sinyangwe on Tuesday for sentencing was Simangolwa, a driver who was employed by Daewoo at the Kazungula Bridge construction site before he was dismissed due to his conduct.
Statement of the offence is that on August 10, 2016, with intent to cause alarm to a Government officer, Simangolwa went to threaten Kazungula border immigration officer-in-charge Michael Banda in his office and ordered him to vacate the office, hand over a Government vehicle and never step his foot at the construction site of the Kazungula bridge on account that he was disturbing the ‘‘UPND government in
power’’.
Mr. Simangolwa further warned Mr. Banda that if he did not comply with the UPND orders, something bad was going to happen to him or his family after the August 11, 2016, election in the event the UPND formed government.
When the matter came up for plea, Simangolwa denied the offence and the State called three witnesses. At the close of the case, he was found with a case to answer and put on his defence but his witnesses refused to
testify before court.
In mitigation, Simangolwa pleaded with the court to exercise lenience on him as he was a first offender and that he admitted the wrong he had done and would never repeat it again. “I would like to thank the court for giving me an opportunity to mitigate. I have four children and I am looking after my mother and I am no longer working. I therefore ask for forgiveness from this court and I will never repeat it,” he said, But in passing sentence, Magistrate Sinyangwe said that much as he felt pity for Simangolwa, the offence he committed was serious and the court had to protect the rights of Government workers much as they were bound to error also. “As a first offender you are entitled to lenience and I really feel for you but the offence you committed is serious and the person you threatened is working for the two countries and this court has the right to protect the rights of such citizens.
“He was doing the work on behalf of the President. Much as Government workers are bound to error, taking the law in your own hands is not an option because it will work against you.
‘‘I therefore sentence you to two years imprisonment with hard labour and you have the right to appeal within 14 days,” Mr Sinyangwe said.
