Convicted Cattle Rustler Raises Juvenile Card on Sentencing

A father to a 19-year-old convicted cattle rustler of Itezhi-Tezhi District of Central Province threw the court off balance when he claimed that his son is a minor and not the stated age in the court documents.

Aphias Muswema of Banasanga Primary School has been convicted of stealing seven herds of cattle valued at K18, 000 but when the matter came up for facts and sentencing, the accused’s father through state prosecutors moved a motion that the accused was a juvenile.

The application threw the court off balance with the matter adjourned so that social welfare officers can ascertain the age of the accused.

Aphias’ father failed to produce a birth certificate to prove his claim before the court.

Judge Mwamba Chanda has ordered that the social welfare officers verify the claim in the absence of the birth certificate.

Aphias is charged with one count of stock theft contrary to the laws of Zambia.

It is alleged that Aphias whose real age is known, on July 10, 2018 did steal seven herds of cattle valued at K 18,000 belonging to Shombe Namalongo.

When the matter was called for facts and sentencing the accused’s father through the state prosecutors informed the court that his son was not 19 but a juvenile aged 16.

At this point Justice Chanda advised the state through the social welfare department to visit the accused’s school and get the real age of the suspect as his father could not produce his birth certificate.

Aphias told the court that he was a grade six pupil at Banasanga Primary School.

The matter has since been adjourned to January 29 awaiting a report from the social welfare department.

Facts before court are that on July 10, 2018 around 16:00 hours, Namalongo secured his animals in the kraal but the following day when he went to check found seven missing.

Namalongo reported the matter to Itezhi Tezhi Police station who instituted investigations until a tipoff led the police to Aphias who was selling the stolen cattle.

Aphias was apprehended and readily admitted the charge.