Headman, 59 jailed for sleeping with grand-daughter,10

Judge Mallet; Hammer
Judge Mallet; Hammer

A 59-YEAR-OLD headman of Chief Musokotwane’s area in Kazungula has been convicted of having sex with his 10-year-old grand-daughter by the Livingstone Magistrates’ Court.
This is in a case in which Born Nyemba of Nyemba village in Chief Musokotwane in Kazungula is charged with incest.

It is alleged that on dates unknown but between the month of May and December 14, 2014 in Kazungula, Nyemba had unlawful carnal knowledge of his grand-daughter.
When the matter came up for judgment, Livingstone magistrate Benjamin Mwelwa said the prosecution had proved its case against the accused person and that the accused was related to the victim.
Magistrate Mwelwa said the court heard that the (fluid) discharge could only be found in the girl if sexual intercourse had taken place.

“The State witness told this court that the child had some whitish discharge from her vagina and the girl had a swelling and a cut. The child was also treated for a sexually transmitted disease,” he said.
Magistrate Mwelwa said there was collaboration of evidence and that there was proven sexual intercourse by the State through the witnesses it had called to testify.
“The facts before this court are that the accused person entered the house where the child was sleeping and he went straight to where the child was. The State has also proved that the child had some whitish discharge that was coming out of her vagina,” he said.

Magistrate Mwelwa said the State had proved all the ingredients of the case and that the court had refused to accept the explanation of the accused person that he did not know why he was apprehended and beaten.
“I hereby find you guilty of the charge of incest according to the laws of Zambia. I want to inform you that the offence carries a mandatory sentence of 20 years imprisonment with hard labour. I am therefore committing you to the High Court for sentencing,” he said.