Serenje residents swamp the Magistrate’s Court to hear the case of incest

Magistrates Court

SCORES of residents yesterday thronged the Serenje Magistrate’s Court to hear the case of incest involving Mukuwa Nicholas Bulaya and his younger sister Bertha Mwenda Chipapuka.
Some residents arrived at Serenje Magistrate’s Court before 08:00 hours and scrambled for a few seats inside the courtroom when the doors were opened while others stood on the doorway and windows to hear the case.
Bulaya and Chipapuka’s ‘marriage’ has shocked many and has become the topic of discussion in homes, townships and markets in Serenje.
Bulaya, 38, and his immediate younger sister, Chipapuka, 35, are alleged to have been in an incestuous marriage for about 14 years and they have five children. Bulaya yesterday appeared for mention before Serenje magistrate Fidelis Ngosa while Chipapuka is yet to appear before magistrate Penstone Chiluba.
Bulaya and Chipapuka, on January 3 this year, appeared   before Mr Chiluba for mention and he explained to them that they were each separately charged with incest.
When the matter came up for mention yesterday, Mr Ngosa told Bulaya that he will be the one hearing the case while Chipapuka will be appearing before Mr Chiluba.
Mr Ngosa said the court decided to hear the cases against Bulaya and Chipapuka separately in the interest of justice since the two siblings are separately charged.
“Your case has been transferred to this court and you will be appearing for mention before this court until the State receives instructions from the Director of Public Prosecutions (DPP),” Mr Ngosa said.
Bulaya later applied for bail on behalf of Chipapuka to enable her to take care of their baby because no family member has visited them since they were arrested last month.
“I am asking for my sister to be released so that she can look for the things that the child needs and also bring me food and soap since no one from our family has visited us since we were arrested,” Bulaya said
Mr Ngosa rejected the application and told Bulaya that he had no powers to release his sister (Chipapuka) because her case was being heard by another court.
Bulaya is facing one count of incest by males, contrary to Section 159(1) of the Penal Code Chapter 87 of the Laws of Zambia as read with Act number 15 of 2005.
It is alleged that Bulaya, between January 1, 2000 and December 29 last year, in Serenje, had unlawful carnal knowledge of Chipapuka who to his knowledge is his biological sister.
And Chipapuka is facing one count of incest by females contrary to the Laws of Zambia.
She is alleged to have had unlawful carnal knowledge of Bulaya between January 1, 2000 and December 29, last year.