Eighteen cattle herders from Chibombo District in Central Province are before the courts for allegedly maliciously damaging farm wire fences valued at K486,720 after claiming the fences blocked access to their grazing areas. Emmanuel Chenda and 17 others are charged with three counts each of malicious damage to property contrary to Section 335(1) of the Penal Code Chapter 87 as read with the Act. No.17 of 2007 of the Laws of Zambia.
Particulars of the offence are that the 18 accused persons on the 7th December, 2024 in Chibombo District, jointly and whilst acting together did unlawfully damage a farm wire fence valued at K196, 720.00 a property of Mr Kang’ombe. In the second count, it is alleged that on the same dates, the 18 accused persons, jointly and whilst acting together damaged a farm wire fence and concrete poles of Farm Number146377, in Chibombo District all valued at K250, 000.00, a property of DONSTAR Agriculture and Biology Company Limited. In Count three, defendants on 7th December 2024, jointly and whilst acting together, are alleged to have unlawfully damaged a farm wire fence poles all valued at K40, 000 a property of Gift Msoni.
When the matter came up for the continuation of trial before Principal Resident Magistrate Mubita Kalaluka in the Kabwe Magistrate, the state prosecution called in two witnesses. The first witness was Primal Malata, 42, of Lubinga Village of Liteta Chiefdom in Chibombo District, who is also Village Headman Lubinga, told the court that he received a report of a damaged farm fence in Chisowa area at a farm belonging to a Mr Kang’ombe. Malata testified that upon verifying that the property was damaged, he reported the matter to Chibombo Police Station.
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The prosecution also produced a video where Malata identified most of the accused captured by a renowned Television Station during the very act of damaging the fence of the farm. Asked by the defense counsel, Keith Katazo from Legal Aid Board Zambia if the police had conducted an identification parade where the accused persons could be physically identified, the witness responded in the negative. However, he agreed that the fencing by Mr Kang’ombe prevented other farmers from accessing drinking water for their cattle. The last witness to testify in the matter was the arresting officer, Detective Inspector Timothy Shitima, who is also the Officer-In-Charge at Chibombo Police Station.
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