By Aldrin Mukendwa
A 24–year–old Zambian national known as Ilukena Mooto was sentenced to 31 years for double rape and overstaying in Namibia.
In the case CR 82/02/2012 the accused Ilukena was arrested by the Namibian police on February 15, 2012 after he repeatedly committed a sexual act which he did on 10 February near Kakambi Village at Waya-Waya area in the district of Katima Mulilo.
On the 15th of February at Waya-Waya the accused repeated the same sexual act with the complainant after calling her and he did the same act.
He is a resident of Kalabo in Zambia, who in this case is a perpetrator did on diverse occasions unlawfully, wrongfully and intentionally under coercive circumstance committed sexual act with Kakambi Noria Mwemba, the complainant by inserting his manhood into the private part of the complainant while applying physical force against the complainant and while threatening to applying force against the complainant and the complainant was affected by mental incapacity to such an extent that she was rendered an incapable of the nature of sexual act and was however deprived the opportunity to communicate unwillingness to submit or to commit the sexual act.
The accused is guilty of contravening section 2(1) read section 1, 2(2), 3,5,6 & 7 of the combating of the rape Act, Act 8 of 2000 and further read with section 94 of Act 51/1977 as amended.
The accused is also guilty of contravening section 6(1) read with section 1, 2 and 10(3) of the Immigration control Act, Act 7 of 1993.
On the date unknown but during December 2011 and at or near the Zambezi River, Makanga Area in the district of Katima Mulilo the accused Zambian citizen did wrongfully and unlawfully entered Namibia at the Zambezi River, Makanga Area being a place other than the port of entry, without his passport bearing an endorsement by the Minister or being in possession of document issued to him by an immigration officer granting him permission to enter Namibia at that place and to be in Namibia for such period and subject to such conditions as may be stated in that endorsement or such document. The accused is guilty of contravening section 29(5) of the Immigration Act 7/1993.
In that on the date unknown but during the period of December 2011 and at or near Wenela Border in the district of Katima Mulilo, the accused was issued with a visitor’s entry permit that expired after fifteen days and the accused continued to stay in Namibia after the expiration of the visitors entry permit and the accused overstayed in Namibia for 45 days.
The penalty to this crime is a fine not exceeding N$1200.00 or to an imprisonment and may be dealt with under Part VI as a prohibited immigrant.
The Katima Mulilo Regional Court magistrate Mr.William Kasitomo laid the charge to the accused on July 22, and the Public Prosecutor; Mr. Jatiel Madamburi represented the state.