Lusaka social media personality and vlogger Mwewa Chitambala, alias Simon Mwewa Lane, has narrowly avoided serving six months behind bars after the Lusaka High Court overturned his custodial sentence, opting instead to impose a K6,000 fine on him.
The decision, handed down by Judge Ian Mabbolobbolo, comes as a relief for the vlogger, although his conviction for malicious damage to property remains intact.
Chitambala was convicted in January for deflating the tires of a minibus parked near Simoson Building at City Market, causing damage valued at K4,600.
Dissatisfied with the ruling, he appealed, arguing that the trial court erred in its findings, particularly in identifying him as the culprit.
In a detailed judgment, Judge Mabbolobbolo acknowledged the errors in sentencing, noting that the six-month imprisonment was excessive for a first-time offender convicted of a misdemeanor.
Instead, the court imposed a K6,000 fine, with a default penalty of three months’ imprisonment should the fine remain unpaid.
Despite reducing the sentence, the High Court upheld Chitambala’s conviction.
“I find that there were no aggravating circumstances. It would appear to me that the trial magistrate in imposing a custodial sentence was carried away by what he termed his disappointment, to say the least, for a person of the caliber of Mwewa to act so irresponsibly,” he said.
The court dismissed several of his arguments, including claims of contradictory witness testimony and inadequate police investigations.
Chitambala argued that the prosecution failed to prove beyond reasonable doubt that he was the one who deflated the tires.
He pointed to inconsistencies in witness accounts. For example, one witness claimed to have seen Chitambala walking in front of the bus with a knife after deflating the tires, while another allegedly saw him stab a rear tire.
The defense also questioned the plausibility of the events. Chitambala’s lawyer pointed out the congestion on Kalusha Bwalya road, arguing that it would be improbable for someone to slash tires with a knife in plain sight without drawing attention.
Chitambala further contended that the custodial sentence was unwarranted for a misdemeanor and suggested that a fine equivalent to the value of the damaged tires would have been more appropriate.
