Tuesday, April 14, 2009

One face of Zambian Justice System

The local courts dispense customary on various issues occuring in Zambian communities. However, most of the cases handled by these courts involve problems in marriages as the following glimpse shows:
"In Lusaka a local court ordered a 31 year old man to pay another man ZMK4.5 million (US$900) as compensation for adultery. Senior local court magistrate Kalunga Chansa ordered Gibon Katenga of State lodge Township in Lusaka to compensate Lombe Mulenga 32 of Bauleni Township for committing adultery with his wife Grace Mwape, 23.

Mulenga told the Chilenje local court that he and Mwape got married in 1999 and have three children. Mulenga said on January 8, 2009 Mwape ran away from her matrimonial home. She went to live with Katenga. Mulenga said he learned that Mwape was with Katenga on January 30, 2009.
"I went to Mwape's father and told him that she had run away from home. Her father told me that he would inform me when he found out where she was," Mulenga told the court.

Mulenga testified that when he confronted Mwape at her workplace, she told him that he should ask her father why she left home. He said they went together to her father where he (Mwape's father) told Mulenga that their marriage had ended. Mulenga said the following day, Mwape's father collected all goods from the couple's home while he was at work.
"On January 31, 2009 I found Katenga with Mwape at the bus station at 20.00hours and I asked him why he had taken my wife away from me leaving the children to suffer. While we were discussing Mwape's father came and asked her to leave. She went with katenga in a van," Mulenga said.

In his testimony, Mwape's father, Clement Mwape said Mulenga had been her daughter's husband, but he terminated the marriage because he was not taking good care of her. He said Mwape went to leave with her elder sister and he did not know Katenga.

In defence katenga said he met Mwape when she was returning for work. She told him that she had divorced her husband and she was staying with her sister.
"As our relationship grew mwape complained that the house she was staying in was small. When she told me she has three children, I told her that I also have three children. On 9th March, 2009 we started staying together," Katenga said.

The court asked Katenga whether he had paid the dowry to Mwape's parents to which Katenga said he had not but was preparing to do so. And Mwape told the court that she had ended her marriage with Mulenga because he was not keeping her well and that Katenga wanted to marry her.

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