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Disabled man in court on defilement charge

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A disabled man of Chienge district in Luapula Province has pleaded not guilty of attempting to defile a 13-year-old girl of the same area.

Appearing before Nchelenge magistrate, Fred Musaka, was Zachariah Mwape, of Ndayi Village in Chief Mununga’s area, who stood charged with attempted defilement contrary to Section 138 subsection 2 of the Penal Code, Chapter 87 of the Laws of Zambia as amended by Act number 15 of 2005.

Court records indicated that the accused was 75 years old but when asked to give his particulars to the court he failed to state his age forcing magistrate Musaka to record his age as “an adult male”.

Particulars of the offence are that on September 23, 2009, Mr Mwape willfully and unlawfully attempted to have carnal knowledge of a named girl under the age of 16 years.

The case of Mr Mwape, who walks with his hands because of undeveloped legs, has been adjourned to  October 10, 2009 for commencement of trial.

ZANIS

20 COMMENTS

  1. Even the blind, the dumb, the deaf and the cripple want a piece of the property that our friends carry under their dresses. Only in this case, the bait was far too young. Awe ba Mwape, uyo mwishikulu wenu mukwai.

  2. It’s pretty disgusting to say the least. I wonder what his sentence will be….am pretty sure the jail boys will wire his @ZZ to death with his old crippled self.

  3. Nothing unusual about it, lame ones are also humans with desires and can also commit crimes,its his time to commit and get the already designed punishment if found wanting

  4. Lets not condemn the man, sana chimwe! He is yet to be proven guilt or not guilt. These disabled people really struggle to find partners!

  5. Lets not be prejudiced against disabled people. What the man did was wrong but we should dwell on his disability. Infact disablement can happen to any of us.

  6. # 8 whay try to defile a 13 year old girl. What if that girl is your daughter? There should no excuses for the crippled. In fact, just because they are crippled, that should give them more reason not to engage in inappropriate and dangerous behaviors like this. He should pay the ultimate price if…yes if found guilty. #9 Chilema or not, you don’t do things like that…no sir! Being disabled is no excuse.

  7. I don t think the issue is about the disability of the Man in question….if that how you will charge the man then we are missing the point of weakness, we as people are bound to be involved in an appropriate behavior, hence the presence of social order as no discriminatory because whoever does not fellow those rules are subject to punishment. This is the reason why when a crime is committed by a black man in America is consider to be black crime, actually when the same crime can /will be committed by white people. The point is to remove disability as underline topic in debate . We can say that Chiluba stole because is a short man, that will be senseless of the hightest order. Respect your views bloggers,

  8. Bloggers 8 and 9, you are very right, it is the social disorder that makes disabled in africa have hard times to found partners, from churches to the civil communities have not educated their people well about needs of the disabled people as well. But , that does not then mean because that what societ doing then disabled have the ride to molest kids no. Let teach the world and our own families to understand that disabled are normal people who need sexuality fulfilment. They are like ..us , though not like those men have more than three partners , i believe that if that man was married maybe he could not do that….anyway, let me not get off the topic. Why did the reporter mention the physical status of the man? what was the importance? Will they reporter on the abled person the same way

  9. Oh this disgusting.. Anyhow, luapula is known for all sorts of evil. from thieving of other pipo’s wifes to now this.yeee ..chineke oooooh..! I said it.

  10. # 11…this man has been accused and not convicted yet. Regardless of his disabilty, it’s safe to assume that a crime has been committed here, until he is proven not to have done what he is accused of doing. Call it, gulity until proven innocent!!!!!The story becomes even more interesting because the accused is actually disabled. Under age is under age period! So, if the girl was 9 years old, would you be less sympathetic to this man? Of course NOT. So, the point here is the crime this man (who just so happens to be disabled and very old) is being accused of is defilement and the victim (who just so happens to be 13 of age) is a minor, full stop!!! If he’s found guilty, then his punishment should be whatever he would get if he were not disabled. Talk about “fair” justice right…

  11. Blogger No. 8 you are more than right dear. Your post reminds me of my earlier argument when this story first appeared that Govt and other stakeholders should consider soliciting sex for people with certain disabilites. Everyone of us has a right to sex regardless. Sex is good for one’s physical and mental welbeing. Some disabled people find it extremely difficult, sometimes impossible, to find someone willing to open their thighs for them. And in villages where there may be only one disabled person it becomes extremely tough.

  12. …..it’s extremely difficult, sometimes impossible, to find someone willing to open their thighs for them….. # 16 are you f**King serious or you’re another cripple feeling sympathy for your kind?

  13. The man should be thrown in jail. If he cant get get a woman, better try chickens and dogs not our children, we will stone him to death

  14. Ah ah, is this not the same uncle of Katele Kalumba who sold him those charms of disappearing from the police behing tiny bushes in the open?

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