Mulonda Mundia was initially charged with murder contrary to section 200 of the Laws of Zambia, but when the matter came up today, Thursday, the state applied to have the charge amended to manslaughter.
Mr Mundia, a farm worker, is alleged to have, on September 20, 2019, caused the death of Chisenga Nkandu.
After the charge was read to him, mr Mundia pleaded guilty to manslaughter.
Facts before the court are that on 20th September, 2019, Mr Nkandu (the deceased) was sent to buy vegetables at Mr. Mutelo’s farm where Mr Mundia worked.
“The body of the deceased was certified Brought in Dead at Ndola Teaching Hospital. The postmortem report stated that the death was caused by head injuries,” according to the brief facts.
Mr Mundia admitted that the facts were true and correct.
Ndola High Court Judge Derrick Mulenga said upon his own admission of guilt, the court convicted him accordingly.
In mitigation through the legal aid lawyer, Mundia said he was a married man with three children and that during his time in remand prison, he had reflected on what had happened.
Justice Mulenga said he had considered Mr Mundia’s mitigation.
“I have heard the mitigation and that you are the first offender who admitted the offence and did not waste the court’s time. The death occurred in very unfortunate circumstances where two adults engaged in a sport without proper rules. It is unacceptable that people can [imitate] what they watch on TV such as…wrestling,” judge Mulenga said.
“Those who engage in such are trained individuals. In fact, there is a warning or disclaimer ‘Do not try this at home’. As you have seen, life was lost and life is precious. The offence committed can see the convict go in prison for a long life. Because of the circumstances of the case, I sentence you to prison for five (5) years with hard labour effective the day of arrest.”