By LUCY PHIRI
LUSAKA Chief resident magistrate Davies Chibwili has referred to the High Court for sentencing the case of a 51-year-old Burundian National for smuggling 27 persons into Zambia.
Magistrate Chibwili in his ruling said the offense of smuggling persons is a very serious offense and attracts a minimum of 15 years imprisonment and the magistrate court has no jurisdiction.
In this matter, Amani Ntahomvukiye, 51, of Burundi pleaded guilty to 27 counts of smuggling of persons contrary to section 11 of the Anti-Human Trafficking Act No. 11 of 208 of the laws of Zambia.
Upon his own admission of the charge, Mr. Chibwili found him guilty and convicted him accordingly.
“The court has found you guilty, but this offense carries minimum sentence of 15 years imprisonment with hard labor and looking at the counts, are 27 the sentence might even reach to life imprisonment. This court has no power to give sentence of beyond 9 years, I will refer the matter to the High court for mitigation and sentencing,” he ruled.
Facts before the court are that Ntahomvukiye entered Zambia on January 9, 2023 through Zombe Border Control with a valued passport.
The victims he smuggled are also Burundese nationals who left their country in early January 2023 in search of green pasture in South Africa. Their journey started from Bujumbura city in Burundi where most of the victims used to live. Out of the 27 victims, 13 did not have passports to enable them to cross the international borders so the accused person organized Burundese travel documents for them.
Ntahomvukiye charged them an amount of between US300 to 700 dollars each victim this money was meant for facilitating their movements. On January 7, 2023 the accused person together with the victims entered Tanzania through Mugina Manoyvu the border between Burundi and Tanzania where the accused person instructed them to get transit days in order to allow them to cross through Tanzania into Zambia.
On January 8, 2023 the Ntahomvukiye and the victims travelled through Kigoma and proceeded to Sumbawanga on January 9, 2023 a few meters from Zombe border. At that point the victims who had Burundese travel documents could not be allowed to cross the Zambian border, so only the 14 victims with passports entered Zambia.
On January 10, 2023 the accused managed to obtain the Tanzanian travel documents for the 13 victims and these travel documents bore fake names and their dates of birth. Thereafter they managed to enter Zambia with Tanzanian travel forged documents. On January 11 the accused person together with the 27 victims proceeded to Lusaka using a public service vehicle.
Whilst in Lusaka, the accused organized another public bus which picked the victims and proceeded to Chirundu border where they were taken to a certain house in readiness to go in Zimbabwe.
Unfortunately, the immigration officers at Chirundu border received information from concerned members of public that there were Burundese nationals suspected to be victims of human trafficking at the border. Later a team of immigration officers was formed who raided the same house and apprehended the accused person together with the victims.
They were transferred to Lusaka immigration headquarters where Mr. Luke Mulila an Investigation Officer interviewed the victims who informed him that they were going to South Africa by the help of the accused.
Mr. Mulila further interviewed the suspect Ntahomvukiye who informed him that the victims were going for a wedding in Zambia.
The officer then made up his mind to charge and arrest the accused person after he admitted the charge.
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