5 Men Charged for illegal crossing


FIVE men were convicted and charged by the Katima Mulilo magistrate Court for illegal entry into Namibia at unauthorised port other than a port of entry and were sentenced to 12 months imprisonment or to pay a fine of N$1500 each.

The principal magistrate Ms Nomsa Sibanda and the public prosecutor Mr. Jatiel Mudamburi of the district court ruled out.

The state versus accused persons Mamadu Bah Dalanda (31) from Guinea, Chindi Collin Nwosu (28) a Nigerian, Youssouf Diallo (31), Boubakar Balde (31) and Bah Mamadou Hady (26) all are Guineans entered Namibia illegal.

July 12 , 2011 at or near Wenela boarder post in the district of Katima Mulilo the accused persons did unlawfully enter Namibia through a bush area at Wenela being a place other than a port entry without their passport bearing or an endorsement issued to them by an immigration officer granting them permission to enter Namibia at that place and to be in Namibia for such purpose and during such period and subject to such condition as maybe stated in that endorsement or such a document.

The accused persons were found guilt for contravening section 6 (1) as read with section 1,2 and 10 of the immigration control act, act 7 of 1993 entry into Namibia at any place other than a port of entry. In accordance with the provision of section 75 (i) (c) of the criminal procedure act, act 51 of 1977 hereby instruct that the accused persons be arraigned for trial in the district court of Katima Mulilo on charges of the above mentioned act, act 7 of 1993.

The accused persons were all arrested in Katima Mulilo on the 12th of July 2011 and since their arrest they have been in police custody, their case is CR 15/08/2011.

The Katima Mulilo Regional Court sentenced A-27- year old Namibian male to 18 months imprisonment on February 8, 2012 for stealing a goat.

The Presiding Officer Mr. William Kasitomo and the Public Prosecutor Mr. Jatiel Mudamburi of the Regional Court ruled out.

The accused Mr. Lemmy Chaka Litebele was arrested by the Namibian Police on October 22, 2011 at Dairy Compound some five (5) Kilometers west of Katima Mulilo town where he unlawfully and intentionally stole and killed a goat that valued N$800.00 which belonged to Ms Laimo Nindimbula.

He was convicted and charged for stock theft, taking into consideration the provision of section 11 (i) (a) 11, 14 and 17 of the stock theft act no 12 of 1990 as amended by the stock theft amendment act, act no 19 0f 2004.

Section 14 (i) of act 12 of 1990 as amended by section 2 of act 19 of 2004 provides that any person who is convicted of an offence referred in section 11 (1) (a), (b), (c) and (d) that relates to stock theft other than poultry of which the value is less than N$500.00 shall be liable in the case of a first conviction to imprisonment for a period of not less than 2 (two) years without the option of a fine and N$500.00 or more shall be liable in the case of a first conviction to imprisonment for a period not less than 20 years without an option of a fine.

The accused is a youthful first offender who pleaded guilty to the charge as he did not want to waste time to the offence he committed and did not benefit anything from the goat he killed as it was later recovered and for such he was convicted for a serious offence which is troubling country wide.

A stock theft has prompted the legislative amendment acts and influence the minimum sentences.
The court satisfied that the accused was properly convicted of stock theft involving one goat that valued N$800.00 and passed the judgment.

The accused (Litebele) pleaded guilty to the offence and indicated in court that he stole the goat because he was hungry but while the motive was understood, hunger was not considered to be justified as the reason for committing such a crime.

The accused conducted his own defence while the state was represented by Mr. Jatiel Mudamburi; his CR no is 122/12/2011 case no is 496 of 2011.

Mr.Litebele has been in police custody since his arrest last year November.

A -23-year-old Zambian male Mr.Rushied Lubasi Shitaa appeared before the Katima Mulilo district court on 30 January 2012 for being found in possession of Cannabis or drug trafficking.

January 26, 2012 the accused Mr. Shitaa was found in possession of Cannabis at WENELA boarder post north of Katima Mulilo town and was sentenced to 30 days imprisonment or to pay a fine of N$ 200.

The principal magistrate Ms.Nomusa Sibanda and the public prosecutor Mr.Jatiel Mudamburi ruled out.
Mr. Shitaa crossed WENELA from Zambia side into Namibia with Cannabis less than the presumption of 10 grams that valued N$30.00 and during his final trial he was convicted for possession of Cannabis contravening section 2 (b) act 41 of 1971, N$200 or 30 days imprisonment.

Meanwhile Mr.Trasitikeni Mwekonga a (34) Zambian male who resides in New Cowboy informal settlement was also charged by the Katima Mulilo district court on February 1, 2012 for being found in possession of pure cannabis that weighed 1 gram and valued at N$3.00.
According to act 41/71 section 2 (b) possession of Cannabis, the accused person was facing three counts which were; obstructing against police officers, resisting against arrest and escaping from lawful custody at Wenela boarder on 28 September 2011.

After the counts were read to him, he was convicted of escaping before being locked up and possession of Cannabis and was sentenced for count 1, 2 months wholly which was suspended for 2 years on condition that the accused is not convicted of escaping from lawful custody and count 2 was sentenced to 30 days imprisonment or to pay a fine of N$100.

The accused escaped the police officers at Wenela boarder post and was re-arrested at around 17H00 at Base bar found along the Zambezi River at Katima Farm on the same day, September 28, 2011 and since his arrest he was in police custody.





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