The Chinsali Magistrate Court has sentenced Shiwang’andu District Assistant Social Welfare Officer, James Lwambo to two years imprisonment with hard labour for fraudulently obtaining a job as a government worker.
Appearing before Principal Resident Magistrate, Peter Mungala on Friday ,February 7, 2025, was Lwambo 38 charged with 9 counts relating to forgery, uttering false documents and obtaining pecuniary advantage by false pretences contrary to the Laws of Zambia.
Particulars of the offences are that in Count 1,3,5 and 7 between July 1, 2019 and January 1, 2024, Lwambo on unknown dates, jointly and whilst acting together with others unknown with intent to deceive or defraud did forge a Grade 12 Certificate, Diploma in Social Work Certificate, Bachelors of Arts degree in Development Studies Certificate and a Masters in Monitoring and Evaluation Certificate purporting to have been genuinely issued when in fact not, contrary to section 342 as read with section 347 of the Laws of Zambia.
In count 2,4,6 and 8 facts are that between July 1, 2019 and October 9, 2024 Lwambo on unidentified dates, jointly and whilest acting with other persons unknown, did utter a General Certificate of Education examination number 7911740536 and 3 professional Certificates which include a Diploma, Bachelors of Art and a Masters Certificate contrary to section 352 of the Penal Code chapter 87 of the Laws of Zambia.
Further facts in count 9, are that on unknown dates but between January 10, 2023 and October 9, 2024 Lwambo pretended to have a Diploma in Social Work and dubiously obtained a job as an Assistant Social Welfare Officer ,thereby receiving a remuneration of K110, 206.67 contrary to section 309(a) of the Penal Code chapter 87 of the Laws of Zambia.
The offender earlier pleaded not guilty to all the 9 counts but when the matter came up for commencement of trial on February 6, 2025, Counsel for the now Convict, Jean Lumamba informed the Court that Lwambo decided to change his plea of not guilty to guilty after self-introspection.
Meanwhile, in mitigation, Lwambo through the Defence Counsel said he has reflected on his bad conduct and he has deeply regretted his action, adding that he decided to plead guilty not because he lacked an alternative, but because he is remorseful and ashamed of his action and pleaded with the Court to give him a second Chance as a first offender.
In Judgement, Magistrate Mungala said the convict being a first time offender and upon own admission of guilt is entitled to maximum leniency by the Court.
“I have considered the mitigation by the Counsel on behalf of the convict, as a first offender he deserves leniency, also his admission of guilt based on not lacking an alternative but that he is remorseful of his action,” He said.
Magistrate Mungala said the offences of forgery and alteration attract a maximum sentence of 3 years imprisonment while obtaining monetary advantage by false pretenses attracts a sentence of 5 years.
Therefore, in count 1,3,5 and 7 Magistrate Mungala convicted Lwambo to 2 years imprisonment on each count whereas in count 2,4,6 and 8 convicted him to 10 months imprisonment on each count.
In count 9, Lwambo has been convicted to 1 year imprisonment with hard labour.
Resident Magistrate Mungala said the sentences will run concurrently in that the offender will serve a jail sentence of 2 years with hard labour.
