The People V Musenge Musenga, Oscar Lyuma, Owner Siambulo and Nsamba Kaloza

Case Overview

The accused persons, Musenge Musenga, Oscar Lyuma, Owner Siambulo and Nsamba Kaloza stood charged with Unlawful Possession of Biological Resources Contrary to Section 120 (b) of the Environmental Management Act No.12 of 2011 of the Laws of Zambia.

Particulars of the offence in the first count are that, Musenge Musenga, Oscar Lyuma on the 30th day of May, 2025, at Mongu in the Mongu District of the Western Province of the Republic of Zambia, jointly and whilst acting together had in their possession biological resources namely 9 logs of Rosewood without a certificate of ownership.

Particulars of the offence in the second count are that Owner Siambulo and Nsamba Kaloza on the 30th day of May, 2025, at Mongu in the Mongu District of the Western Province of the Republic of Zambia, jointly and whilst acting together had in their possession biological resources namely 10 logs of Rosewood without a certificate of ownership.

Legal Proceedings

Accused persons Oscar Lyuma and Owner Siambulo pleaded not guilty and Musenge Musenga and Nsamba Kaloza pleaded guilty before Honorable Phiri Maloto. The matter proceeded into trial for the count not admitted to and facts were presented for the other Count admitted. The facts were confirmed to be true and correctly recorded. The evidence revealed that forestry officers received information from a whistle blower that the accused persons were dealing in illegal harvesting of biological resources commonly known as Rosewood in Namushekendi area. After the testimony of 4 witnesses led by Mrs. Grace Chibula Mulafulafu, Senior Public Prosecutor of Mongu, the accused persons were put on their defence.

Judgement of the Court

The court delivered its Judgement and found the accused persons guilty of the offence of Unlawful Possession of Biological Resources Contrary to Section 120(b) of the Environmental Management Act No.12 of 2011 of the laws of Zambia.

Sentence

When passing sentence, the court noted that the habit of harvesting biological resources such as Rose wood in Western Province is reaching alarming levels, hence the need to impose punitive punishment. The court fined the first accused person, Musenge Musenga k20,000, 2nd accused person Oscar Lyuma K20,000 =00, the 3rd accused person, Owner Siambulo 16,000 and the 4th accused person Nsamba Kaloza k16,000=00 , in default 1-year simple imprisonment, respectively..