Chief convicted for breach of peace

BY WATIPASO MZUNGU JNR

The Senior Resident Magistrate court in Blantyre early this week convicted Isaac Chitsa, 46, for disrespecting the authority of the police and causing a breach of peace at the station.

The court heard that Chitsa, a self-imposed village head for Soche Hill, was invited to appear before Soche Police Substation for mediation in a case where Smart Masangano had complained that Blantyre City Assembly had caused malicious damage to his property at a plot Chitsa sold to him.

Masangano had bought land from Chitsa and, immediately, started developing it. However, on 5th July, 2010, the city assembly, using its by-laws, demolished all the structures because it was standing on an illegal place.

Masangano then went to Soche Police where he lodged a complaint against the city fathers.

When the police invited all the concerned parties for mediation, the so-called Chief Chitsa started misbehaving in the presence of all parties including the officer-in-charge, Senior Superintendant Maurice Makwinja.

The police let him misconduct for some time before enforcing their authority and effected his arrest immediately.

He was charged with disorderly conduct at a police station contrary to Section 65 (1) of the Police Act (Cap 13.01 of the laws of Malawi).

He was taken to the court Midima Magistrate Court in Limbe where he pleaded guilty.

SRM Mangawa Makhalira found him guilty by his plea of guilty.

In mitigation, the accused prayed for forgiveness “because I will not repeat my bad behaviour”. He also said as a village headman, he has a big responsibility to look after his people and that he is married with family obligations.

But Prosecutor Sub Inspector Lyson Chavinda countered saying Chitsa deserved a stiffer punishment because as a village head, the convict was supposed to be the last person to commit criminal acts.

“He was supposed to be the last person to misconduct let alone at a police station. Therefore, I pray to this court to give him a meaningful punishment that can send a lesson to would-be offenders,” said Chavinda.

But after convicting him, Makhalira saved Chitsa a custodial sentence having considered his old age and that “he had shown remorse having knelt before the magistrate praying for forgiveness”.

Makhalira discharged the chief under Section 337 (b) of the Criminal Procedure and Evidence Code (CPEC). The magistrate, however, warned him not to commit any criminal activity for a period of two years.

END