ENOCK KADEMAUNGA writes in Mpongwe
@SunZambian
THE Mpongwe Magistrates’ Court has dismissed a case of arson involving four members of Senior Chief Ndubeni’s royal family who were accused of setting ablaze grass shelters where the coronation was to take place.
In this matter, the accused where Michael Chanda, Amos Maseka, Cephas Gumbugo and Zya Posta, were charged with arson.
It was alleged that on September 15, last year, they willfully and unlawfully set a fire to the said property valued at K10, 000 belonging to senior chief Ndubeni. The accused persons denied the charge.
When the matter came up for ruling on a case or no case to answer, Mpongwe Magistrate Muchawa said there was insufficient evidence to put the accused on their defence.
Mr Muchawa said of all the state witnesses, no one saw the accused set fire to the structure.
“There was insufficient evidence in trial and the evidence has been so discredited by the defence. No reasonable court would rely on such evidence, I therefore dismiss the case and set the accused at liberty,” he said.
Senior Chief Ndubeni’s chiefdom, in Mpongwe District, has been in a succession turmoil since November 2015 when the incumbent, Tito Chisenga, died.
A group, led by a Mr Chaile, emerged, and claimed to be the rightful heir to the throne after the queen mother, allegedly picked Michael Chanda as the next chief-in-line according to the customary law.
Allegations leading to the matter before court were that, on the night of September 15, 2018, the accused torched shelters belonged to Senior Chief Ndubeni of the Lima people of Mpongwe District, on the Copperbelt Province.
On the material day, Senior Chief Chiwala was going to address a meeting in Senior Chief Ndubeni’s area despite there being an injunction, number 2017/HK/547, in the Kitwe High Court before Judge Kamwendo.
The accused went to the meeting with the aim of issuing Chief Chiwala with an injunction as they had information that Chief Chiwala was going there to announce the next Senior Chief Ndubeni.
However, police who were present at the meeting, wanted to arrest the accused for unlawful assembly despite being told that Chief Chiwala was the one who organised the meeting.
The accused suggested that police serve the injunction to Chief Chiwala but the police refused saying it was not their job to stop the royal family from attending the meeting.
After it was resolved that Chief Chiwala would not proceed with meeting, the accused, other royal family members and the police left the place where the meeting was supposed to be held.
The royal family was escorted by police to their village, which is 25 kilometers from where the meeting was to be.
However, during the night of September 15 and 16, 2018, the shelters caught fire and the accused where picked up by police from Kamfinsa and charged with arson.
Further allegations were that the person known to have set fire to the structures was apprehended by members of the public and taken to police but the law enforcement officers refused to investigate the matter despite being informed about the vehicle seen leaving the scene at high speed after the fires broke out.
