Naweta Chishiba and Ors v People (Appeal 3 of 2002) [2002] ZMSC 96 (5 March 2002)

IN THE SUPREME COURT FOR ZAMBIA HOLDEN AT NDOLA APPEAL NO. 3, 4 AND 5 OF 2002 (Criminal Jurisdiction) BETWEEN: 1. 2. 3. Naweta Chishiba Lontiya Chimpusa Meka Kafupi AND Appellant THE PEOPLE Respondent CORAM: Ngulube, CJ, Sakala and Chitengi, JJS. On 5th March, 2002 For appellant - In Person For respondent - Mrs. J. C. Kaumba, Deputy Chief State Advocate JUDGMENT Ngulube, CJ, delivered the judgment of the Court. The three ladies pleaded guilty to a charge of manslaughter. The particulars alleged that they on 7th May, 2001, in the Ndola district, unlawfully caused the death of Foloko Salamu. They had originally been charged with murder and when it was reduced they pleaded guilty. They J2 were then represented by Counsel and when the facts were recited to the court, each of the appellants admitted that the facts were correct. The appellants brought their sick relative to the deceased person who was accused of having bewitched the former. They asked the deceased to treat this person. Thereafter the following day they beat up the deceased using a pick and a plank. It is from such assaults that the deceased in the case died. For this offence the learned trial Judge imposed a sentence of 6 years. The appellants have appealed against their sentence. An attempt has been made in this court to exonerate the second and third appellants who were alleged by the first appellant not to have been involved. The third appellant while admitting her own involvement equally sought to exonerate the second. The record before us does not support these efforts. The appellants had pleaded guilty in clear terms and when facts were recited, they accepted that the facts were correct. The pleas were therefore unequivocal. We cannot entertain attempts to interfere with the conviction. A number of grounds in mitigation have been urged before us. In the case of the first and second appellants this included their advanced age and in the case of all of them it included their responsibilities to their families. Against these pleas in mitigation however, we note that someone lost his life. He too had human rights. We have a duty to discourage belief in witchcraft even if we accept that our people do believe in witchcraft. The appellants had pleaded guilty and in the circumstances if it hadn’t been for all the circumstances which were already taken into account, a case of this kind would have attracted a far greater sentence than 6 years. It follows therefore that in our considered view, 6 years was a very fair sentence. We would not consider that it is one day too long. The appeals are dismissed. We note that the order made was that they should serve sentence with hard labour. We amend that to simple imprisonment. M. M. S. W. Ngulube, CHIEF JUSTICE. E. L. Sakala, SUPREME COURT JUDGE. SUPREME COURT JUDGE.