THERE were tears of joy at the Livingstone magistrate’s court when three Livingstone Institute of Business and Engineering Studies (LIBES) lecturers were absolutely discharged from the charge of conduct likely to cause breach of peace.

Chali Mulenga, Livingstone

 THERE were tears of joy at the Livingstone magistrate’s court when
three Livingstone Institute of Business and Engineering Studies
(LIBES) lecturers were absolutely discharged from the charge of
conduct likely to cause breach of peace.
This is in a case in which National Union of Technical Education
Lecturers and Allied Workers LIBES branch chairperson, Joseph
Kaira,45, who is also a lecturer for building and construction, his
deputy, John Nkosa,28,  a lecturer for business studies,  and Silvia
Lutangu Long,52, also a lecturer for business studies and also a union
leader are charged with conduct likely to cause the breach of peace
178 (f) of the penal chapters 87 of the laws of Zambia.
It is alleged that on February 1 this year in Livingstone, the trio
jointly and whilst acting together at LIBES did publicly conduct
themselves in manner which was to cause the breach of peace.
When the matter came up for written facts before Magistrate Benjamin
Mwelwa, the trio told the court that they had understood the facts and
which were correct.
They told the court however that they did not incite the students to
protest adding that they had failed to dialogue with management.
In their mitigation, through their lawyer KBF and partners Major (RTD)
Isaac Masongo pleaded with the court to exercise maximum leniency on
his clients as they married and bread winner for their families.
He said the convicts had never committed any crime in their lives and
were first offenders.
“This court has a lot of powers of discretion that it can use, it can
give a custodial sentence, suspended sentence, a conditional
discharge, an absolute discharge or even fine the convicts,” he said.
And Magistrate Benjamin Mwelwa said the offence that convicts had been
charged with could be replaced with section 76.
Magistrate Mwelwa said he had considered the mitigation of their
lawyer adding that they were first offenders.
“I have heard the well researched mitigation, I have looked at the
law, the days that they have spent in prison, and this court feels
that this is punishment enough. I will give them an absolute
discharge,” he said.
 He said the trio being lecturers, it was punishment enough as well to them.
And police keep vigil of the court premises as the judgement was being
read in a parked court room.
Meanwhile, there was jubilation outside the court, where they were
hugging each other with the relatives, who shade tears.
End

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