SUNDAY NATION Sunday May 24 2020

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Sunday 24, May 2020

I saw complainant assault two accused persons - neighbour

COURT NEWS

TEACHER PLEADS FOR LATE WIFE’S ESTATE

By MARY PHIRI

A 40-YEAR-OLD widower has asked the court to revoke his sister-in-law’s order of appointment as an administrator over his late wife’s estate. Mr Chifwembe Ng’uni of Ndeke Township in Ndola wants the Kabushi Local Court to revoke Ms Hilda Mubanga’s order of appointment as an

administrator for his late wife’s estate. Mr Ng’uni narrated that his wife died in 2016 and the family agreed that her sister, Mubanga 56, should be appointed as an administrator. Mr Ng’uni, a teacher by profession said from the time his wife died, Mubanga had not made any follow up in collecting benefits of his late wife as she also used to work in the Ministry of General Education.

“I want the court to revoke her good decision that her brother inappointment then appoint us law had decided to be appointed jointly as administrators so that I as a co-administrator so that they can push for my wife’s pension, could work together in getting because she is too busy and the funds. cannot manage alone,” Mr Senior Magistrate Agnes Ng’uni said. Mulenga sitting with Mildred Mubanga admitted that she Namwizye and Evelyn Nalwizya was too busy and was facing revoked Mubanga’s appointment challenges in finding money and told them both to come back Saturday to facilitate for the movements 25 April, with family members so as to 2020 involved in pushing for the funds. appoint them both to manage the She also added that it was a estate of the late.

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By RABECCA BANDA A LUSAKA woman has told a magistrate’s court how the complainant in an assault case allegedly assaulted two of the accused persons in a fracas outside her neighbour’s house in Chilenje but when challenged in cross examination admitted she did not witness the start of the fight. This is in a case where Izukanji Simbule, 24, a student, Cliff Simbule, 50, a businessman, Sylvia Simbule, 44, a secretary, Mapalo Simbule, 19, a student and Wiza Simbule, 21, a student allegedly assaulted Chrisantius Changwereza, 34, of Makeni thereby causing him occasioning actual bodily harm on December 24, 2019. The defence witness, Ms Ronica Mwanza, 40, of Chilenje said she was at home in the evening when she heard noise outside. Ms Mwanza said she went outside to check what was happening at her neighbour’s house - the Simbules - and saw a white car parked outside their gate. There was an exchange of words with a man who later punched Izukanji in the face and when he wanted to hit him back, his father Cliff Simbule grabbed him and took him inside the house. She said the man approached Sylvia Simbule and hit her with a silver rod he was holding in his hands. Ms Mwanza said the man continued insulting and Mapalo

pulled Sylvia inside the yard. She said the man continued insulting and stoning the gate of the Simbules’. Ms Mwanza said a few minutes later, the man drove off. State prosecutor: Would you be happy to see the Simbules jailed? Ms Mwanza: No. State prosecutor: Why? Ms Mwanza: I wouldn’t be happy to see anyone jailed. State prosecutor: Did you see the complainant arrive at the Simbules house? Ms Mwanza: No. State Prosecutor: Did you see what happened before you heard the noise? Ms Mwanza: No. State Prosecutor: Are you in a position to tell or not whether the complainant was assaulted before you heard the noise? Ms Mwanza: I wouldn’t tell. State Prosecutor: Would you know the owner of the silver rod? Ms Mwanza: No. State Prosecutor: Would you know the person it was grabbed from? Ms Mwanza: No Trial continues on June 10.

Assault ends in reconciliation

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A LUSAKA man has reconciled with a youth who assaulted him. Appearing before magistrate Ruth Kapulo was the 18-year-old boy accused of punching Mr Steven Simbeye, 43 of Chipata compound in the face. It is alleged that the boy assaulted Mr Simbeye on October 3, 2019 causing him actual bodily harm. Magistrate: Did you assault Mr Simbeye? Juvenile: Yes Magistrate: What did you use to assault him? Juvenile: I used fists. Magistrate: How many times did you punch him on the face?

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By RABECCA BANDA

Juvenile: once Magistrate: What time did you assault him? Juvenile: it was around 19:00 hours.

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Mr Simbeye said he has forgiven the boy and asked for the matter to be withdrawn. He said he has known the boy for a long time and he is like a son to him. He advised him to avoid wrong company. Mr Simbeye said when the assault happened, the boy was with his friends. The juvenile said he was grateful to Mr Simbeye for forgiving him and asking the court to withdraw the matter. Magistrate Kapulo told the boy to do something positive in life and leave his bad friends. She warned the boy not to repeat what he did because next time he will no longer be 18 and will be jailed. The court reconciled the two.


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