Lusaka magistrate Ruth Kapulo has slapped a K10,000 fine on folk music sensation Mumba Yachi after finding him guilty of obtaining a green Zambian national registration card and passport when he was fully aware that both his parents are Congolese.
When the case came up for continued trial today, the state applied to withdraw count one which alleged that Mumba Yachi entered Zambia through Mokambo Border Post and continued to unlawfully stay in the country without a valid permit or authority from the Immigration Department. The State submitted that the application to withdraw the first count was pursuant to section 88 (a) of the Criminal Procedure Code.
Magistrate Kapulo did not object to the application to withdraw the first count and discharged the artist whose real name is Shadrick Chite Mukenge of the offence.
Mumba Yachi then took fresh plea in the second and third counts, admitting that he committed the offences.
It was alleged in the second count that Mumba Yachi, 32, wilfully and with intent to deceive gave false information to a public officer for the purposes of obtaining a Zambian green national registration card no.405730/10/1 by alleging that his parents were Zambian.
The third count was that he willfully and with intent to deceive and for the purposes of obtaining a Zambian passport No. ZN550035 made a false statement to a passport officer that his father and mother were Zambian.
Mumba Yachi is alleged to have committed the offences between January 2015 and August 2016.
Magistrate Kapulo convicted him upon his own admission of guilt.
In mitigation, Mumba Yachi, through his lawyer, asked for leniency as he was a first offender and that he had not caused any trouble in Zambia.
He said he deeply regretted his actions and that he married a Zambian woman with whom he had a daughter and they depended on him for survival.
Mumba Yachi said he had actively participated in the HeforSheCampaign, which was an integral part in the fight against GBV.
He added that he had contributed to the wealth of Zambian music, and that to err was human.
In passing the sentence, the magistrate said she had considered what Mumba Yachi said in mitigation and fined him K4,000 in the second count and K6,000 in third count or in default serve six months simple imprisonment in each of the counts.
She said the total fine was K10,000 or in default serve 12 months simple imprisonment and ordered that the money be paid by November 16.