Landlord convicted for illegal connection of electricity

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The Zomba Senior Resident Magistrate Court has ordered a 60 year old man to pay a fine of K500,000.00 after being found guilty of illegal connection of electricity which is contrary to section 45 (2) (a) of Electricity Act.

The State Prosecutor Counsel Louis Makiyi told the court that the accused John Mkumbira on 26th January, 2017 or thereabout at Chinamwali location in Zomba district illegally connected electricity which caused the death of a 2 year old boy Blessings Khumalo.

Counsel Makiyi said, the accused has five houses at his compound at Chinamwali location and Escom installed electricity to one of his houses and without the knowledge of Escom, he illegally extended electricity to four of his other houses by using cables which he buried under the ground.

On 26th January, 2017 a son to a tenant Blessings Khumalo was playing between the houses and at some point, he accidentally touched the underground cable which was exposed and got electrocuted.

He was pronounced dead upon arrival at Zomba Central Hospital.

According to Makiyi, the state first charged the accused of manslaughter and after preliminary enquiry, the charge was changed to ‘illegal connection of electricity’ of which the accused pleaded guilty.

Following his own plea of guilty, the state presented the facts of the case that included tendering the death report of the deceased.

The court then convicted the accused on his own plea of guilty and voluntary admission of the facts as narrated by the state that proved the case beyond reasonable doubt.

In his submission before sentence, Makiyi told the court that the convict was a first offender but despite being a first offender, he called upon the court to impose a stiffer sentence and if it’s a fine, then it should be not less than K500,000.00 considering section 46 of Electricity Act and that the fine would be beneficial to the complainant.

In mitigation, Mkumbira asked the court not to impose a stiff sentence considering that he is married, has four children and they all depend on him.

He went on to inform the court that his earnings from the rentals is approximately K60,000.00 per month hence the need to consider him if the court imposes a fine.

Passing the sentence on 18th September, 2017, Senior Resident Magistrate Wyson Chamdimba Nkhata said the offence committed by the defendant is a serious one as evidenced by the maximum penalty provided for under Section 46 of Electricity Act.

He said illegal electricity connections are dangerous and often result in serious injury or even death.

He therefore sentenced John Mkumbira to a fine of K500,000.00 and in default serve 12 months imprisonment with hard labour. He said the particular fine be applied as compensation to the deceased’s next of kin.

Nkhata said he has imposed such a fine to protect the general public from unscrupulous people who think they can tamper with electricity oblivious of risk exposed to other people.

John Mkumbira comes from Senzani Village, in the area of Traditional Authority Phambala in Ntcheu district but resides in Zomba.

The fine is to be paid in installments and he has since paid the first installment of K250,000.00 and the balance is to be paid in monthly installments of K25,000.00

 

 

 

 

 

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27 Comments

  1. Pajatu ma Judge aku Malawi tinkhani ta anthu wamba ndiye mmayelekedwa 2 3 days mwagamula kale ndipo chilango chake kuposa yemwe ali ndi milandu ya Cash gate kapena Maize gate.Mulungu adzakulanga naweso iweeeeee

  2. That’s fine I am legally connect and don’t get electricity. Can the judge please send Escom bosses to jail too for breach of contract.

  3. Magesi ake ndye at oti muzdandaula imathima ngat foniwo magesi tinazwa ife kumachita mantha kut ndphe mbuz ndsunge mu frige kuopa Kut ivundamo

  4. Ma landlord ambiri amatiuza kuti mtengo wanyumba ndi k15,000 ndalama yamagetsi k5,000 ngati k20,000 pamodzi chonsecho akudziwa kuti yake ndinyumba yokha ,zatere pitani mukalipile ndalama mumatolera kwa arent anuzo kodi mesa mumawasungira a escom?

  5. malawi malawi iwe mages umawathenga ngat chiyani or atapanga illigal munthu bola meter box ataika standard ya eskom kumagula mages nde chomulipirisa munthu chiyani. kodi a eskom akumalawi amazitenga ngat madola bwanj

    • i wrk for that nde if smone wapanga in standard there is no way ku mulipisa akugula magesi komanso connection ngat sidanduse 100 meters vuto palibe

    • Palibenso chimene ukunena apa, c.o.s ndiye palaini loti wina amangolemba basi ku office aliphe. Ndiye pepala ikaletse nyumba kuti utsayake, anandipeleka ine ku office ya Escom kaya mwina yakwanuko. Nyumba zikupsya kwambiri ndi magetsi masiku ano, usanamepo apa kaya umagwira ntchito ku Escom izo ndizako. Wiring imene anapangitsa, agogo akowo kale pano muyifufuzenso musinthe zinthu ngati izi kwanuko ngati ukufuna ukhale dolo Earthleakege, Circuit Breakers and Earthlod nyumba yanuyo sizapsyanso mpaka kale. Koma osakhala zachamba, ukunena apazi ingalephere kupsya nyumba chifukwa choti ili ndi c.o.c.

    • akuona ngat ndalama imeneyo ndi yamasewero komanso ndiochepa amaiziwa half million. just kugo connect basi bwanj osakagodula nagesiwo.

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