Parents of a girl who was allegedly raped by a teacher in Serenje in Central Province in June this year yesterday withdrew the case from the Magistrates Court after the accused paid dowry of K50, 000 to marry their daughter.
Gershom Mbambala a teacher at Nsomaulwa charged with rape, yesterday walked to
freedom after the parent of the girl he allegedly rape, withdrew the case because he
had paid dowry to marry Getrude Chileshe as his second wife.
Mr. Gershom Mulenga, withdrew the case because Mbambala had paid dowry to marry
Getrude Chileshe as his second wife.
The case that came up for trial yesterday in the Magistrates Court took a new turn
when the complainant Gershom Mulenga told the court that Mbambala had paid K50,000
as dowry.
He told the court that Mbambala had earlier requested to marry the girl but Mr.
Mulenga rejected the requested as her daughter, Getrude was still at school doing
grade seven.
Mr. Mulenga said Mbambala insisted and paid K50,000 dowry and it was at this time
that his request to marry Getrude was accepted on condition that he would only marry
her if she did not qualify to grade eight.
He said later he learnt that Mbambala had raped his daughter and this annoyed him
and he reported the matter to police and he was arrested.
And Mbambala’s mother, Ireen Mwandila 45, of Muyombe in Isoka district, told the
court that her son would marry Chileshe as his second wife after paying dowry.
Magistrate Philip Chisenga said the court had no objection to withdraw the case
under section 201 of the criminal procedure code (CPC) since Mbambala had paid
dowry.
Batata imwe mulicipuba ichikata nomusula pakunya. Nakamwana kenu mwakatuminekofye ati mufyeko kuli teacher! You fool. Second wife efyo mwasumina in today’s world? Shame!
This is sickening…! It just proves that in Zambia the rights of child do not exist. I thought it’s a state responsibility to prosecute statutory rape, and not a parent as some parents may actually be involved in abusing a child. Why is the law in Zambia? Please, educate me if I’m ignorant on this one! Can Magistrate P. Chisenga clarify the section 201 criminal procedure code and the statutory rape law, if at all it exists in Zambia.
This is ridiculous. Shame. the parents must be so terribly poor. what is 50 pin? compared to rape? the first wife is doomed knowing her hubby goes out raping school girls.
Saboi! This really is ridiculous. Dowry for 50pin. A school teacher raping and impregnating his pupil. The magistrate agrees the case to be withdrawn.
The state prosecutes a rape case as it contravenes provisions in the penal code!!It is therefore very strange for an individual to withdraw a criminal matter before a magistraite court.I think the reporter who wrote this story is very ignorant of court procedure as well as classification of cases.It is LIKELY that on payment of the 50 grudas the original rape COMPLAINT was withdrawn and therefore the State decide to discontinue prosecution for fear of having a hostile witness !! She was better off raped and justice served, than raped then married as a SECOND wife !! Poverty is indeed a dangerous thing !!
This chap must be struck off and put on sex offenders register without due delay? He is not fit to be left incharge of the little ones especially girls.He is a sex maniac.Its a shame the Headmaster must equally be investigated,no sane Head teacher can condone such.This chap should brought to Linda Township where Elina Mwanza stays and must not continue teaching.
Well, this is what poverty can really do to our families.It’s high time pipo knewn what rape and dowry are!! Batata, you have no brains and l pity our daughter.
The culture of paying dowry as a bride price must be banished in Zed, as most of Zambia’s poorest see it as an easy way to get a “decent meal” for once… by selling off daughters, grand daughters & nieces to useless men who most of the time brutalise the women in marriage, all in the name of Dowry Price means Ownership of paid goods!!!
Teachers who sexually involve themselves or molest under age students must be banned from teaching at any educational institutes/schools across the country if rape is the case or any sexual abuse, teachers must be punished by Law!
Only in zambia… such verdicts only happen in Zed? What dowry….the poor girl was raped and the teacher is let loose! God help us? such laws need to be amended asap. MP’s can you for once do the right thing and amend this stupid law. Inchinto “amahule ku parliament motel”
#9 imwe ba PF Candidate – are u one of MPs who takes amahule to P motel? No wonder most of u look like u are on ARVs.
Anonymous(10),better the chaps are on ARV’s than in denial!! Sida si mahule chabe mwana…nama blood transfusion yamu ma eighties yamba kupaya bantu manje!!Only a daft person can laugh at the afflicted, becoz even being in an accident with infected co-passengers can change your life forever.A little respect for those responsible enough to seek treatment…but i will join you in laughing at anyone who looks down the barrel of a loaded gun and blames fate for the bullet in the head when the trigger is pulled.
The fact everyone is over looking is that only the parents version of the story has been told. Have any of you tried to find out how old the girl was at all for in Zambia we do find persons over the age of 18 in grade 7 making have legally able to consent to sexual intercourse. Thus was it just being embarrased by the fact that his daughter had sex with this man and also that he felt he had lost out on making some money through nsalamu that made him bring the matter to court? Dont be too quick to judge for the truth is usaully distorted and many see only what they want to see. If this was statutory rape he wouldnt have walked free of the crime certainly.
THE LAW IS CLEAR. RAPE IS AN OFFENCE AGAIST THE STATE THEREFORE IT CANNOT BE WITHDRAWN ON THE GROUNDS GIVEN BY THE UN-LEARNED MAGISTRATE. THE PERSON IS A PROPERTY OF THE STATE AS A RESULT RAPE IS A CRIMINAL OFFENCE NOT CIVIL OFFENCE. EITHER THE MAGISTRATE ERRED OR HE WAS PAID. THIS CASE CAN BE RE-ACTIVATED ESPECIALLY IF A MEDICAL REPORT IS AVAILABLE TO THAT EFFECT. VERY SAD THAT PARENTS ARE POOR OR IGNORANT TO A LEVEL OF GETTING 50 PIN TO ALLOW THEIR DAUGHTER TO BE RAPED AND FINALLY TO GET OUT OF SCHOOL TO BECOME A SECOND VERY YOUNG WIFE.
MONEY IS THE ROOT OF ALL EVIL.
IAM SO SORRY TO HEAR THAT YOU ARE INSANE BADALA…
MAWEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE!!!!!!!!!!!!!!!!!
Want have these parents done to this child. Is this girl going to thank the parents when she is all grown up and traumatised by what this teacher has done to her?
Bobbit the father and the teacher for child’s sake.
i’m mauless !
Tht man is so stupid hw cn he go out wth smal gal sure. Cnt he see workers (women) those tht ar single & u knew tht wat u ar doin is case buh u jst force ur self while u hv ur wife why ddt u sleep wth ur wife !!!!!! Buh wamusha waya lala akaice iwe umukulu wansefye sure ar u nt ashamed