THE Lusaka Magistrates’ Court has convicted and fined 37-year-old Mainda Simataa, Kamwala Ward Councillor from the ruling party, for two counts of cyber-related crimes.
Simataa was jointly charged with 33-year-old pharmacist, Chela Jimmy Mwelwa, who was acquitted on both counts.
Simataa was jointly charged with 33-year-old pharmacist, Chela Jimmy Mwelwa, who was acquitted on both counts.
In the first count, the pair was charged with the prohibition of information contrary to Section 54 of the Cyber Security and Cyber Crimes Act No. 2 of 2021 of the Laws of Zambia. It was alleged that between April 30, 2022, and May 1, 2022, in Lusaka, Simataa and Mwelwa, with intent to compromise the safety and security of Josephine Ngonya Njobvu, published information on Facebook claiming her vehicle, a Nissan Infinity with registration number BAC 9552, was used in the abduction of Airtel Money agents in Avondale.
The second count charged the duo with the prohibition of using computer systems for offenses, contrary to Section 63(1)(2) of the same Act.
During the trial, Magistrate Kaunda Sakwanda heard that Njobvu had lent her car to her sons on the day in question. Njobvu testified that she was not always aware of their activities when they were not together.
Magistrate Sakwanda found that Simataas Facebook post, which mentioned Njobvu’s name and vehicle in connection with the alleged abduction attempt, was unverified and put her life at risk.
“Simataa circulated a video on Facebook with the caption ‘attempted abduction failed in Avondale, posting the number plate in the comments section and urging anyone with information to report it. By doing so, he compromised the safety of the vehicles owner during a time when society was actively searching for abductors,” stated Magistrate Sakwanda.
However, the court found no evidence linking Mwelwa to the publication and thus acquitted him on both counts.
“For the foregoing reasons, I find that the prosecution has not proven the offense of publication of information contrary to Section 54 of the Cyber Security and Cyber Crimes Act No. 2 of 2021 in relation to Mwelwa, and I accordingly acquit him,” Magistrate Sakwanda ruled.
Simataa, however, was found guilty on both counts. In mitigation, he pleaded as a first offender, a family man, and expressed remorse for his actions.
In sentencing, Magistrate Sakwanda noted the growing prevalence of such offenses in society and emphasized the need for adequate punishment.
“What you did is an offense in the Laws of Zambia, you must therefore blame yourself for the situation you’re facing now. This has become so rampant in our society today. I will therefore be failing in my duties if I do not give you adequate punishment,” said Magistrate Sakwanda.
Simataa was fined K20,000 for each count, with a default sentence of six months imprisonment for each, to run concurrently. The total fine of K40,000 was to be paid within seven working days.
Simataa has since paid the fine.