Kapiri Mposhi Magistrate, Edward Banda has sentenced a 34-year-old man to one year three month imprisonment with hard labour for assaulting his former wife after she refused to reconcile with him.
Pethias Bwalya, businessman and resident of Ndeke Compound in Kapiri Mposhi, was in court charged with one count of Occasioning Actual Bodily Harm (O.A.B.H) on his former wife, Patricia Kabwe, 30, contrary to Section 248 of the Penal Code Chapter 87 of the Laws of Zambia.
Bwalya readily pleaded guilty as charged.
Facts in this matter are that Bwalya did assault Kabwe for she refusing to mend their marriage and move back with him after the couple divorced over a year ago.
Particulars are that on 12 February 2022 around 19:00 hours Bwalya met the complainant coming from the market and demanded that she reconciles with him and moves back to his home for them to continue with their marriage.
The complainant however refused but the now convict got incensed and started beating her using kicks, fists and slaps upon which she became unconscious and was rushed to the hospital by members of the public who came to her rescue.
The now convict bolted fearing to be beaten by members of the public but was later apprehended and taken to police.
According to the medical report the complainant suffered bleeding from the mouth, nose and ears as a result of the beating.
In passing judgement Magistrate Banda ruled that Bwalya had no right to savagely beat up and inflict injuries on the complainant as she had moved on with her life after the couple divorced.
Magistrate Banda advised couples to move on when they divorce and not to divorce when they still have feelings for their partners.
” When you divorce you need to move on. Don’t divorce when you still have a liking or love of your partner because how do you meet her on the road and demand for reconciliation after you divorced one year ago….. if you want to reconcile find time and follow her other than when you meet on the road… She thought you just wanted to relieve yourself sexually,” Magistrate Banda said.
Magistrate Banda stressed that cases of Gender Based Violence (GBV) are considered serious by government and that the courts will mete out appropriate punishment for perpetrators of the vice to deter would-be offenders.
