Counsel Mmangitsa (far left) with Ziba (far right) and the two clients
The First Grade Magistrate’s Court sitting at Nkhotakota has acquitted two men, Kondwani Patrick and David Kalembeni Phiri, after the State failed to present sufficient evidence to support the charges against them.
The two were jointly charged with entering a protected area (Nkhotakota Game Reserve) without a permit, conveying weapons into a protected area, and prospecting for minerals within a protected area.
On 28th October 2024, wildlife patrol officers arrested the men near Mangwalala River, which borders the Nkhotakota Game Reserve. At the time of arrest, they are said to have been found in possession of hoes, a shovel, and a panga knife.
During a Camp Court session held at Nkhotakota Prison, the accused requested legal aid, as they lacked legal representation and could not afford private counsel. They were subsequently represented by Senior Legal Aid Advocate Mphatso Mmangitsa, assisted by Assistant Legal Aid Officer Dumisani Ziba.
Advocate Mmangitsa successfully applied for bail on behalf of the accused. During the proceedings, the State presented three witnesses.
In defense, the Legal Aid Bureau argued that the accused were not within the boundaries of the protected area at the time of arrest. The burden rested on the State to prove that the arrest took place inside Nkhotakota Game Reserve.
In its ruling on whether the two had a case to answer, the Court observed that it was uncontested that the accused were arrested outside the wildlife reserve fence, specifically, between a river and a fence. The Court also noted that the exact boundary of the reserve remained unclear, raising serious questions about the validity of the charges.
The Court held that simply being found between the river and the fence was not sufficient to establish that the accused were inside the protected area. Concrete proof, beyond witness opinion, was required to establish the location as being within reserve boundaries.
Given the lack of adequate evidence from the State, the Court acquitted Patrick and Phiri, setting them free.
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