REPUBLIC OF ZAMBIA

CASE: No. S.C. Criminal No. 33

In the Subordinate Court of the FIRST Class for

CHIPATA
District, Holden at CHIPATA:
On the 7th December, 2010 at
09, 00 hours in the morning
Name: PATRICK TEMBO
Add: 13/20 MCHINI COMPOUND
Nationality/Tribes:Z/NSENGA
Vill: MAWAWA
Chief: MPEZENI
Occ: DRIVER
DIST: CHIPATA
Sex: MALE
AGE: 49 YEARS

Accused was served on …………………………………………….. with a summon

Dated……………………………………………………………………..
Accused was arrested under warrant dated
Accused was arrested without warrant on 31st day of July, 2010
Accused was released on bail or on his own recognizance on …………………..

CHARGE

(1st COUNT)

Statement of Offence: Incest contrary to section 159(1) of The Penal Code

chapter 87 of The Laws of Zambia

Particulars of Offence: PATRICK TEMBO on a date unknown but between the

1st day of January 2010 and the 18 th day of July 2010 at Chipata in the
Chipata District of the Eastern Province of the Republic of Zambia had carnal
knowledge of INELLI TEMBO a female person who to his knowledge was his
daughter.
 (2nd COUNT)

Statement of Offence: Incest contrary to section 159(1) of The Penal Code

chapter 87 of The Laws of Zambia

Particulars of Offence: PATRICK TEMBO on a date unknown but between the

1st day of January 2010 and the 18 th day of July 2010 at Chipata in the
Chipata District of the Eastern Province of the Republic of Zambia had carnal
knowledge of MARY TEMBO a female person who to his knowledge was his
daughter.

................................
Magistrate /Public Prosecutor
IN THE SUBORDINATE COURT OF THE FIRST CLASS
HOLDEN AT CHIPATA

THE PEOPLE

VS

PATRICK TEMBO

STATEMENT OF FACTS

PATRICK TEMBO, herein after referred to as the accused person, stands charged with one count of the
offence of Incest contrary to Section 159(1) of The Penal Code chapter 87 of The Laws of Zambia. He
has pleaded guilty to the charge.

On the 31st of December, 2009 LUCIA TEMBO, accused persons wife, left their house in Magazine
Compound, Chipata to visit her sick mother in Lundazi. She left their two daughters INELI TEMBO aged
3 and MARY TEMBO aged 5 years in the care of the accused person. She came back home on the 19 th of
July 2010.

While the accused persons wife was away and on an unknown date, but between the 1 st day of January
2010 and the 18th day of July, 2010 the accused person called his daughter MARY TEMBO into his
bedroom. He told her that if she promised not tell anyone what they were going to do, he would buy
her a doll. When his daughter agreed not to tell anyone, he had sexual intercourse with her.

On her return, LUCIA TEMBO noticed that her daughter, MARY was walking with a limp. When she
asked what the problem was, she was informed that her father had sex with her after promising her a
doll. Initially, the accused person denied the allegation but when LUCIA TEMBO threatened to report
him to the police, he admitted and asked to be forgiven.

MARY was taken to the Chipata General Hospital on the 28 th of July, 2010 where a doctor found, after
examining her, that she had a broken hymen and was infected with syphilis. On the 31 st of July, 2010
the accused person was arrested and charged with the offence on incest contrary to section 159(1) of
the Penal Code Chapter 87 of the Laws of Zambia.
PATRICK TEMBO had carnal knowledge of MARY TEMBO a female person who to his knowledge was his
daughter.

B. Banda
PUBLIC PROSECUTOR

Dated at Chipata this 9th day of August 2010

 REPUBLIC OF ZAMBIA

CASE: No. S.C. Criminal No. 33

In the Subordinate Court of the FIRST Class for

LUSAKA
District, Holden at LUSAKA:
On the 8th June, 2011 at 09, 00 hours in the morning
Name: BRIAN PHIRI
Add: 13/20 NEW CHILENJE
Nationality/Tribes:
Occ: SECURITY GUARD
Vill: KAVUNGA
Chief: MUMBI
DIST: CHIPATA
Sex: MALE
AGE: 30 YEARS

Accused was served on …………………………………………….. with a summon

Dated……………………………………………………………………..
Accused was arrested under warrant dated
Accused was arrested without warrant on 26th May, 2011
Accused was released on bail or on his own recognizance on …………………..

CHARGE

Statement of Offence: Theft of Motor Vehicle contrary to Sections 272 and

281A of The Penal Code chapter 87 of The Laws of Zambia

Particulars of Offence: BRIAN PHIRI on the 25th day of May, 2011 at Lusaka
in the Lusaka District of the Lusaka Province of the Republic of Zambia jointly
and whilst acting together with other persons unknown did steal a motor
vehicle, Toyota Corolla registration number ABT 233 valued at K32,000,000.00
the property of JUSTINE MWELWA

................................
Magistrate /Public Prosecutor
IN THE SUBORDINATE COURT OF THE FIRST CLASS
HOLDEN AT LUSAKA

THE PEOPLE

VS

BRIAN PHIRI

STATEMENT OF FACTS

BRIAN PHIRI (hereinafter referred to as the accused person) stands charged with one
count of the offence of Theft of Motor Vehicle contrary to Sections 272 and 281A of the
Penal Code Chapter 87 of the Laws of Zambia.

On the 25th of May, 2011 at about 22 hours, JUSTINE MWELWA went to OJC Car
Park in Matero, Lusaka to park his car, a Toyota Corolla Registration Number ABT 233.
He was left the car with the accused person who was the guard on duty and paid the
K5, 000.00 fee. He also left the car keys with the accused person as was the practice
for persons paring their cars at that car park.

Soon after JUSTINE MWELWA left, the accused person drove the car to Chilenje
where he sold it for K10,000,000.00 to THOMAS PHIRI and fled.
On the 26th of May, 2011 at about 05:30 hours, JUSTINE MWELWA went to the car
park to collect his car; he did not find it. Neither was the accused person present. He
immediately reported the matter to Matero Police.

The accused person was on the 26 th of May, 2011 apprehended in Chongwe following a
tip off to the police; he led the police to Chilenje where the mother vehicle was sold and
it was recovered. On the same day, he was arrested and charged with the offence of
Theft of Motor Vehicle contrary to Sections 272 and 281A of the Penal Code. He has
pleaded guilty to the charge.

BRIAN PHIRI did fraudulently and without claim of right take JUSTINE MWELWA’s
said car and sale it to THOMAS PHIRI

K. Besa
PUBLIC PROSECUTOR

Dated at Lusaka this 9th day of September 2011