No condom, no sex, grandma tells court

Lusaka High Court

FEARING for her health, a Lusaka woman says she cannot have sex with her husband who is HIV-positive because he refuses to use a condom.
She has also decided to end her 40-year-old marriage because her husband is highly suspicious of her.
This was heard in the Matero Local Court before Justices Lewis Mumba and Petronella Kalyelye in a case where Jane Kandolo, 53, of Garden House sued her husband for divorce.
Ms Kandolo, a grandmother of 26, said when she goes to draw water and takes long because of the long queue, her husband accuses her of being with a lover.

“One day in the evening, I went to the bush to answer the call of nature. I dug a hole and then covered the waste. When I got back home, my husband accused me of having been with a lover. I told him what I was doing but he demanded that I show him where I went. Ine kuni fukulisa matuvi (he demanded that I dig up the faeces). That’s when he believed me,” she said, as the court burst into laughter.
She also said her husband is HIV-positive while she is not, adding that he insists they have sex without condoms claiming they are too tight for his manhood.
And in his testimony, Mrs Kandolo’s husband said he has been married to Kandolo since 1975 but the two have had problems.
He said some years later, Kandolo went to the village but came back home with a pregnancy which was not his.
Mrs Kandolo’s husband said his son once told him Kandolo has a lover but despite that, he does not want their marriage to end.
Passing judgment, the court granted divorce with no compensation for Kandolo.
Justice Mumba also ordered Shapinda to maintain his youngest children with K500 monthly installments.

Creadit – Zambia Daily mail


  1. She is 53 and they have been married for 40 yrs. This means she got married at 13 so why not charge him with defilement like in the other similar case?