By CHOMBA MUSIKA
A BID to protect her marriage from another woman literally with tooth and claw, has landed a Livingstone housewife in trouble after a magistrate’s court convicted her of assault and ordered her to compensate her alleged rival.
The court has sentenced the 24-year-old woman to nine months imprisonment, suspended for 12-months after she pleaded guilty to insulting and biting her rival, whom she accused of having an affair with her husband.
The court has also given Monde Banda of House number 210, Zambezi Sawmills township a two-week ultimatum in which to pay Nivea Muntanga, the complainant, KR100 (K100,000) or go to prison.
Banda appeared before magistrate Edsen Shanduba on Tuesday, charged with assault occasioning actual bodily harm, contrary to section 248 of the Penal Code, Chapter 87 of the Laws of Zambia.
Particulars of the offence were that on March 17, 2013, Banda insulted and bit Ms Muntanga of Zambezi Sawmills after accusing her of flirting with her husband.
Facts were that on the material date, Ms Muntanga, who had just knocked off from work around 19:00 hours, was sitting outside her house when Banda, of the same area approached her and started hurling insults as she accused her of having an affair with her husband.
Banda grabbed Ms Muntanga by her blouse and a fight erupted. Ms Muntanga sustained tooth marks injuries on the right arm and complained of general body pains.
A medical report presented before the court backed the facts.
The matter was reported to Livingstone Central police station, which launched investigations into the matter and arrested Banda.
Asked whether the facts were correct, the remorseful Banda said she assaulted Ms Muntanga because she had insulted her.
Before magistrate Shanduba passed judgement, Banda asked the court to exercise leniency because she is a mother of three, whom she said would suffer if she is sent to prison.
“I have two in grades one and eight and no one will take care of them if you take me to jail,” Banda, who was carrying a three-month old baby, said.
But magistrate Shanduba castigated her saying, “It does not matter whether she (Ms Muntanga) insulted you first…your jealousy made you commit violence, which does not pay.”
He sentenced her to nine months imprisonment suspended for12 months and ordered her to pay Ms Muntanga KR100 (K100, 000) as compensation.
“I am suspending the whole sentence because it will be unfair to imprison that innocent baby you are carrying,” Magistrate Shanduba said.
“Since you don’t have the KR100 right now, you should look for it and pay Ms Muntanga, failure to which you and your baby will go to jail for nine months,” he said.
kakolwe
April 5, 2013 at 5:52 am
Now that the ‘owner’ of the husband has been made to pay, will this make the man to stop? Usually these ‘pambali-sweet hearts’ take any confrontation from ‘the wife’ as a ‘normalizing move’
Czar
April 5, 2013 at 5:58 am
Foolish Judge! You are even happy to say “you and your baby will go to jail for nine months”. You muppets. In the judiciary always come out tough on the poor and let the rich go off lightly. The innocent baby you included in that foolish statement is innocent.
Anti-mal-administrativenisationism
April 5, 2013 at 8:20 am
Very foolish judge indeed,why include an innocent baby?
U are letting off the big thieves and coming down strongly on a poor woman who just wanted to save her marriage.
****** corrupt judiciary.
CALLED WISE
April 5, 2013 at 6:18 am
QUESTIONS:
1. WAS Ms MUNTANGA REALLY FLIRTING WITH MONDE BANDA’S HUSBAND?
2. IF YES, WAS SHE NOT SUPPOSED TO BE ALSO SENTENCED OR FINED OR ADVISED OVER MARRIAGE INTERFERANCE?
3. WHY WAS NOTHING MENTIONED ABOUT MONDE’S HUSBAND (WHO WAS THE MAIN PLAYER IN THIS SCENARIO)?
4. CAN’T WE HUMAN BEINGS LIVE WITHOUT SIDE-PLATE
(WA KUMBALI)?
5. MUST THE VICTIM SHOUT HE/SHE IS INNOCENT IN THIS SOCIETY?
Mukelebai
April 5, 2013 at 9:04 am
The penal code (marriage interferance has been removed)
ken
April 5, 2013 at 4:25 pm
kikikiki
kakolwe
April 5, 2013 at 6:43 am
@CALLED WISE, sorry chum! the Zambian statutes (as of 2006) state that the ‘overlapping’ spouse is the one who can be sued for bringing interferance in marriage! & the prostitute gets the last laugh!
bm
April 5, 2013 at 6:45 am
ni sodoma na gomola bakamba.
Barotse diaspora
April 5, 2013 at 7:59 am
The sentence was fine but the fine of kr100 was a drop in the ocean.for asault only she was gonna be better off to pay k1m to send a sound warning to would be offenders.marriege interferance in zambia was quashed and slamed in courts.even when you catch your husband or wife red handed.
CALLED WISE
April 5, 2013 at 8:29 am
@ kakolwe, THANK YOU BUSTER!
THAT PIECE OF ZED ACT NEED AN AMENDMENT.
THE GUILTY MUST NOT HAVE THE FIRST NOT EVEN THE LAST LAUGHTER.
SOME JUDGES SAY:
‘THERE IS NO JUSTICE,
THERE IS JUST US.’
nawakwi
April 5, 2013 at 8:59 am
monde, you must be a useless wife why even going that far insulting and assulting a side plate? married women know who to look after your husbands-be caring, loving and offcourse romantic,keep them busy all the time so they cannot have time to see side plates.(2)avoiding wearing chitenge or musisi be in leggings and wear a smilling face always.
nawakwi
April 5, 2013 at 9:12 am
called wise! i think you have no idea about legal matters, consult before you post your views. the mag. was right to fine the foolish women and to consider her of mothering an infant. insaultous behaviour is not tolarated in court let this lady be imprisoned for 12 months W.H.L. so that it shoud be a lesson to would be offenders.
kakolwe
April 5, 2013 at 10:48 am
@nawakwi, Why do I sense a frusturated spirit in your comment. Granted, insults & her tresspassing are a high crime. Though provoked she was in the wrong but your punch in below the belt! Are you a mother?
melvin
April 5, 2013 at 11:20 am
we need justice in zambia…
Jack Malama
April 5, 2013 at 12:35 pm
The problem is the cheater, not the one the cheater cheated with. Women stop wasting your time attacking other women. Do you know how many other girlfriends your husband has? And for your own information people assault is assault regards of whether your momma was mentioned. That’s the law.
Melody
April 5, 2013 at 5:01 pm
i think the key here is the man, instead of attacking another woman, see the man and deal the issues within your home. i know the man will refuse, but beating another woman is not the solution. the man here is the big problem.
Popopo
April 5, 2013 at 5:01 pm
Married women are foolish at times, they tend to deny their husband sex thats why wapambali amapasa yonse when they regret their actions thats when they fight for their positions wake up married mummies give yonse
ZinCA
April 5, 2013 at 11:42 pm
I am so sick of these dumb and ****** married men whe cannnot keep it in ther pants. Read your Bible, you ****** married men that like to cheat. Leave single women alone!