LUSAKA magistrate Ruth Kapulo has convicted folk musician Mumba Yachi for obtaining a green Zambia national registration card and passport when he was fully aware that his parents are Congolese and fined him K10,000.
When Yachi appeared before magistrate Kapulo, the State applied to withdraw count one which alleged that he entered Zambia through Mokambo Border Post and continued to stay unlawfully 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 said the court had no objection to the application to withdraw the first count and discharged Yachi of the offence.
And Yachi took fresh plea in the second and third counts, admitting the charges.
It was alleged in the second count that Yachi 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.
Yachi is alleged to have committed the offences between January 2015 and August 2016.
Magistrate Kapulo convicted him upon his own admission of guilt.
Yachi agreed that the facts read to him were true and correct.
He said he wilfully gave information that his parents were Zambian and obtained a national registration card and passport.
In mitigation, Yachi, through his lawyer, said he did not waste the court’s time and that he was a first offender.
He said despite him living in the country during the period stated, he had not caused any trouble other than the two offences before court.
Yachi said he had not been in conflict with the law.
He said he deeply regretted his actions and he was remorseful.
Yachi said he married a Zambian woman and had a daughter, both of whom depended on him for survival.
He said he had actively participated in the HeforSheCampaign, which was an integral part in the fight against GBV.
Yachi added that he had contributed to the wealth of Zambian music, and that to err was human.
Passing sentence, the magistrate said she had considered what 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 is K10,000 or in default serve 12 months simple imprisonment and ordered that the money be paid by November 16.
Magistrate Kapulo said Yachi could follow up the K5,000 cash bail he deposited in court after paying the fines.