Court sentences duo for criminal trespass, suspends their sentence

The Chisamba Magistrates Court has sentenced two fishermen to one-month imprisonment with hard labour for criminal trespass. Resident Magistrate, Susan Magalashi has however, suspended the sentence for twelve months. The convicts are 34-year-old Emmanuel Tendani and 31-year-old…

The Chisamba Magistrates Court has sentenced two fishermen to one-month imprisonment with hard labour for criminal trespass.

Resident Magistrate, Susan Magalashi has however, suspended the sentence for twelve months.

The convicts are 34-year-old Emmanuel Tendani and 31-year-old Andrew Sakala, both of Lupiya village in Chief Chamuka’s area.

The court heard that on September 4, 2026, Tendani and Sakala unlawfully entered Bush Cut Dam to fish without permission from the farm owner or a fishing permit.

During an end-of-shift patrol at around 16:00 hours, Game Scout Crispin Moonga found the two fishing in the dam.

“On 4 September, 2026, at around 08:00 hours, Crispin Moonga was on duty. At the end of his duty at 16:00 hours, he patrolled the dam where he saw two male persons fishing,” facts read in part.

The court heard that the two ran away when they saw the game scout, but stopped after a farm dog, which was commanded to chase them, caught up with them.

Mr Moonga later searched the bag which the two were carrying and recovered three kilograms of fresh fish.

The two were apprehended and taken to Chisamba Police Station where they admitted the charge after being warned and cautioned in the Nyanja language.

The two pleaded guilty and admitted the facts as true and correct before Magistrate Magalashi.

In mitigation, Tendani asked the court for leniency, saying his children were waiting for money from him to go to school while Sakala also pleaded for clemency as he was a breadwinner for his siblings and mother, who would suffer if he was imprisoned.

“I have heard your mitigation and I have taken into consideration that you are first offenders who have readily admitted your charge. However, you were both wrong to enter a place you were not allowed to enter,” Magistrate Magalashi said.

Magistrate Magalashi noted that the accused risked their lives by entering a prohibited area and could also have caused damage to the farm.

She then sentenced each one of them to one month imprisonment with hard labour, but suspended the sentences for twelve months on condition that they do not re-offend in the next 12 months.