Zambian popular Musican General Kanene jailed

Kanene getting into the Prison Truck after he was convicted

Kanene getting into the Prison Truck after he was convicted

RENOWNED Zambian musician Clifford Dimba, popularly known as General Kanene, has been convicted and committed to the High Court for sentencing after he was found guilty of having sex with a 13-year-old girl in a matter that has outraged human rights groups.

This is in a matter in which Dimba is charged with defilement of a child under the age of 16, contrary to Zambian laws.

In his defence, Dimba told the court that he knew the child because she had been asking for CDs from him and that she had offered herself to be his dancing queen.

Dimba told the court that the child said she was 18 years old because he told her that he does not employ anyone under that age.
He contended that the girl told him to have sex with her to prove that she was 18 years.

When the matter came up for judgment before High Court research advocate Rogers Kaoma sitting as magistrate, Dimba was found guilty of having carnal knowledge of the child. Mr Kaoma said he applied himself to two ingredients of the offence, which needed to be proved and that these were age and whether there was sexual contact between the two.

He said he took judicial notice that not all children in Zambia have birth certificates because of lack of facilities.

“It does not mean that someone is not a child because there is no record of birth. There should be other evidence that the court can consider to determine the age of the child,” Mr Kaoma said.

He said the age of the child was clearly determined by her father who said when the child was born, the head teacher of the school she attended confirmed when the child was enrolled and that a medical doctor also told the court that the child was 13 years old.

Mr Kaoma said his own assessment determined that the girl was indeed a child and that was not suggestive of a prostitute as contended by Dimba.

He said on the aspect of sexual contact, the evidence of the child was believable as she was not forced to narrate what happened to her and that if so, she would have appeared shaken.

Mr Kaoma said Dimba did not make an effort to refute the claim that the child was returned to her parents’ home after spending the night with her.

“I am satisfied that the prosecution has proved its case beyond reasonable doubt and that the accused person committed the offence and had no lawful excuse,” Mr Kaoma said.

He said as a musician, Dimba is supposed to be a role model in society but that he took advantage of the naivety of a child who was his fan.

The offence is alleged to have been committed on unknown dates but between January 31 and February 1, 2012 in Lusaka.

Mr Kaoma has since committed Dimba to the High Court as the minimum sentence for defilement is 15 years imprisonment, a sentence that is out of the jurisdiction of the magistrate’s court.

Courtesy of Zambian Daily Mail