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Friday, January 27, 2006 - Web posted at 6:53:54 GMT

20-year jail terms for Zambian rustlers

* WERNER MENGES

TWO Zambian nationals were punished severely in the Katima Mulilo Regional Court yesterday for stealing three head of cattle in Zambia and trying to sell the animals in Namibia a year ago.

Kelezo Kulwandwa (27) and Munyamba Mulyokela (22) were each sentenced to 20 years' imprisonment when their trial ended before Regional Court Magistrate Naomi Shivute.

That is the minimum term of imprisonment that the Stock Theft Act prescribes for a first conviction of stealing livestock valued at more than N$500.

The amendment to the Stock Theft Act, which introduced these severe penalties to the law, came into effect only three and a half weeks before Kulwandwa and Mulyokela made the mistake of daring to steal three head of cattle in Zambia.

They initially pleaded guilty in the Katima Mulilo Magistrate's Court on a charge that they had stolen the cattle on January 14 last year, and that they then brought the animals to Namibia where they tried to sell them.

After their pleas in the lower court, their case was referred to the Regional Court for sentencing.

There, Magistrate Shivute was not satisfied that they had made a full and proper admission of guilt, and she ordered that their trial should proceed in the Regional Court.

They were found guilty on Wednesday on charges of stock theft and illegal entry into Namibia.

Magistrate Shivute sentenced them to the amended Stock Theft Act's prescribed minimum term of 20 years' imprisonment, as well as to a concurrent term of one year's imprisonment for the illegal entry into Namibia.

The owner of the three stolen cattle managed to trace them - and the thieves - to Namibia, where he found his animals in the Singalamwe area north of Kongola, the court heard during the trial.

Public Prosecutor Pieter Smit conducted the prosecution against the duo, who stood trial without legal representation.

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