THE Ndola Magistrate’s Court has sentenced a 21-year-old bricklayer to nine months imprisonment with hard labour for assaulting his pregnant wife on suspicion that she was involved in an adulterous affair.
Senior resident magistrate Ben Akende on Monday convicted Dickson Musonda of Kamfinsa Farms after he pleaded guilty to assaulting Grace Mwanza and occasioning her actual bodily harm.
The offence is contrary to Section 248 of the Penal Code Chapter 87 of the Laws of Zambia.
“Upon your own plea of guilty, I convict you accordingly,” Mr Akende said.
Particulars of the offence were that on May 26, 2013 in Ndola, Musonda assaulted Ms Mwanza and occasioned her actual bodily harm.
Facts before the court were that on the material day around 16:00 hours, Ms Mwanza went to the market to buy cooking oil when she met Musonda there.
The court heard that Musonda beat up Ms Mwanza and accused her of committing adultery.
Musonda also accused Ms Mwanza’s grandparents of insulting him and that assaulting her was revenge against her grandparents’ alleged insults against him.
Musonda punched Ms Mwanza and she sustained injures on her back and neck. The court heard that Ms Mwanza reported the matter to Sakania Police Station and Musonda was arrested.
Musonda gave a free and voluntary response admitting the charge under warn-and-caution.
In mitigation, Musonda said he would never commit a similar offence in future and that he was remorseful for his actions.
“Your honour, I will never lay my hands on a woman or any person. What I did was wrong and I am asking for maximum leniency… I have a two-year-old child with the complainant and she is also pregnant for me,” he said.
But Mr Akende said there has been public outcry that perpetrators of gender based violence should be punished.
He said the court has challenges in dealing with such cases and Musonda must give the court sufficient reasons why he should not be punished.
Mr Akende said Musonda was not forced to beat up his wife the way he did.
“On that background, I will sentence you to nine months imprisonment with hard labour because your wife is not even here, meaning that you are still not getting along,” Mr Akende said.
He granted Musonda leave to appeal to the High Court within 14 days.
Umupandapwiti
November 6, 2013 at 9:08 am
Iwe cheek color, why couldn’t beat up the guy you were suspecting of having an affair with your wife? You are such a coward and a POS(peace of sh!t). No one should beat up a pregnant woman for whatever reason.
Trixy
November 6, 2013 at 9:40 am
Am equally shocked….how can someone beat up a pregnant woman?
Keith
November 6, 2013 at 10:44 am
It is barbaric and uncivilised to beat a pregnant woman let alone any human being. If one feels wronged, turn to the court of law for redress. Let us learn to reason rather than being physical. Those who refuse to reason should become boxers where “fighting is legal”. I hope all who assault wives have learnt a lesson.
muka mwine
November 6, 2013 at 4:49 pm
Shi musonda,your fellow men Love and treasure their wives the most when they are pregnant because they carry a fragile and precious thing.Ulekwata amano no luse, you 21 and a father of a two year? Did you marry at 18? Guys wait until old enough,marriage is not something to rush for.
test@e
November 7, 2013 at 7:13 am
What if its not theirs?
shimucita apakalamba
November 7, 2013 at 4:28 am
women are more sweeter when pregnant, but this bullshit assaults the pregnant wife. Litole saana.
Chanda ngosa
November 7, 2013 at 9:16 am
Stop GBV please its bad 2 beat our own zambian ladies.this is a lesson 2 all of us guyz.
Mushota
November 7, 2013 at 10:51 am
Ba Kapoto Mwaikalilafye ukuponona abakashi ati “NIGGA LIFE” yansala bututu bakolwe!
prince bwalya
November 7, 2013 at 12:39 pm
nashyeniko ifyabupuba.
abene bansamba
November 7, 2013 at 2:40 pm
bufolo bupuba butuutu.