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Sunday, March 7, 2021

Brother and sister convicted for their sexual relationship,jail term up to 20 years imprisonment

Rural News Brother and sister convicted for their sexual relationship,jail term up to 20...

Maureen Musonda  been led to the cell at the Kabwe Magistrate after her bail was revoked after she was committed to the Kabwe High Court
Maureen Musonda been led to the cell at the Kabwe Magistrate after her bail was revoked after she was committed to the Kabwe High Court

Kabwe Principal Resident Magistrate John Mbuzi has convicted and committed brother and sister facing sex charges to Kabwe High Court for sentence.

Mr Mbuzi said it was un disputable that Maureen and Aaron Musonda where living as husband and wife despite knowing very well that they where siblings.

‘I do not believe both your defense and evidence as the witnesses called in by the state had no reason to lie against you and also accused number one Aaron in your testimony you failed to deny that you did not marry your sister’, Mr Mbuzi said.

This is in case where Maureen Musonda and Aaron Musonda of Makululu compound are facing two counts of incest.

Particulars of the offence are that Aaron Musonda on dates unknown but between December, 2013 and February 27, 2014 in Kabwe knowing Maureen Musonda was his sister had unlawful carnal knowledge of her.In the second count incest by female particulars of the offence are that Maureen on dates unknown but between December 1, 2013 and February 27, 2014 in Kabwe knowing Aaron to be her brother permitted him to have unlawful carnal knowledge of her.

During trial the state brought in five witnesses among them their biological father and also their land lord.

Their father Umbrella Musonda 59 years a peasant farmer of Mkushi District told court that he had fifteen children and that Maureen and Aaron where both his children.
Musonda told court that he fathered the two but in cross examination he admitted that the two did not grow up together and had different mothers though he insisted that he had introduced the two as brother and sister.

Another witness Nellie Musonda who was their landlord told court that on February 5, 2014 Aaron Musonda approached her and asked to rent one of her rooms.Ms Musonda told the court that he offered Aaron a room but before she did she told him that she only rents out her rooms to married people to which he responded that he had a wife who would join him soon.

She told court that a day later Aaron and Maureen moved in together and shared the room and were also seen taking baths together and lived as husband and wife.
Later Mr Mbuzi established a trial within trial after Aaron told court that he was intimidated by the police officer to admit the charge.
The state then called in two witnesses to testify in the trial within trial after which Mr Mbuzi ruled that according to the evidence in court and witness testimony it was clear that Aaron willingly admitted the charge.
When the two were put on their defence Maureen denied Aaron having had canal knowledge of her despite Aaron demanding for sex from her.

Mr Mbuzi in passing the sentence said the offence the two had committed attracted not less than 20 years and committed them to the Kabwe High Court for judgement.
He has since revoked Maureen’s bail and both are in remand awaiting judgement in the next Kabwe High Court session.

58 COMMENTS

  1. the law is flawed …20 years ! when people who have committed crimes that have lead to thousands of zambians dying are walking the streets free? What physical evidence is there that they had sex? The court has to prove beyond reasonable doubt and not trust hearsay.Has DNA testing being done to established their relation.Besides they are half siblings who didnt grow up together-cut them some slack.Oscar Pistorious killed someone and he gets 5 years-life is not fair

    • Forget the law here is the bible:

      Leviticus 18:6

      “None of you shall approach any one of his close relatives to uncover nakedness. I am the Lord.”

      Thanks

    • Let them alone??? they are not related. Instead Jail the Father?? He is the cause of this, Maybe he told them late after tasting each other already. Maybe they are not normal and needs some psychological support / counseling. Putting them in jail does not resolve the Problem. Human rights were are you?

    • 20 years?
      Adam & Eve, had how many children? And how did Adam manage to populate the all Eden with only Eve? I think his sons where also involved. Be fair, 2 years was even a long punishment.

    • 20 years is too much though. Zoona kuti ulelya pa chinena chakwa sister obe sure? Some guys mashilu kwena. Ba Sata would say that ” Amaso ya nkashi tayakubula mutima”. Nomba imwe umutima wakubulwa ukumona fye itanta lyakwa nkashi yobe. Rot in jail mambala iwe, though 20 years it’s too much. Ka 5 years would have been fine for you.

    • 20 years is too long for a “victimless” crime such as this one. Just give them a good beating and send them away. I did not know Bemba’s do this kind of thing.

    • @Nostadamus! hahaha! You are discussing clone wars now. Some rib was fashioned and the cells grew into a female for companionship. However, after that the story gets all muddied up.

    • Bathing and sleeping together is not evidence enough to establish carnal knowledge. Who saw them in the act and what proof is there to that effect.?

    • Where is it sayin they hav bin sentenced to 20 yrs? Wat hav read us dat they hav bin commited to high court fo sentencin and the offence carries a maximum sentence of 20 yrs

  2. Jail the Father?? He is the cause of this, Maybe he told them late after tasting each other already. Maybe they are not normal and needs some psychological support / counseling. Putting them in jail does not resolve the Problem. Human rights were are you??

  3. In Zambia you can buy a Diploma certificate, misapply, misappropriate millions of taxpayers dollars and you will be out by next Xmas…anything of sexual nature like this you are looking at a life sentence; isn’t punishment enough for these two that they have been publicly exposed and humiliated?

    • Kaili it’s coz of that stup!d book called the bible which is obsessed with sex! Most of these judgements are based on the *****!c teachings of that highly dangerous book!

    • Genetic Sexual Attraction happened here…..

      That said, 20 years is just silly…

      Cousins are safer,… No law prohibits those

  4. Our laws are really flawed, these are adults and what they did was out of their conscious and they did not harm or hurt anyone in their act. Therefore, the law should lenient on them as they did not sin against anyone but themselves. Iris is now a free person for corrupting the minds of young people and yet you can send these young people to maximum sentence, then what after that time. Their life completely destroyed because of nyaps really. The Mbuzi judge should be reminded that we are not in an animal kingdom or some islamic state were they exercise harsh sentences even for petty issues. Those people are not criminals for crying out loud!

    • true they are NOT criminals and have only sinned against themselves.. NO VICTIM CRIME indeed. custodial sentence not appropriate. beatings yes . Their Dad has a lot to do with this act – the prick

    • Mr obseva if a person sleeps wit his chicken lyk dat fool frm southern province is he harmin or hurtin anybdy? Certain laws r designed to stop frm behavin in a manner nat generally accepted,

    • @Chile1, please don’t compare human beings to chickens ok. If you Chile1 can talk to the chicken and agree to have nyaps, then there is nothing wrong because you’re adults and you agree. In that case you are sinning against yourselves. I don’t dispute punishment for such offenses but the law should be revised so that offenders of such petty cases can just fined.

  5. Are we still following the laws Cecil Rhodes gave the BSA to rule the Africans by? 50 years after independence this is unbelievable! The magistrate is cruel.What qualifications do these magistrates have.Something needs to be done

  6. The Father should just opt to change his statement and say infact one of the children is actually not his biological child, but accepted them due to circumstances.. this might just save them from going in for twenty years, its too much just for sex with your half sister whom you never knew

  7. Thats why we need a jury system in Zambia instead of leaving everything to one person to judge. 20 years!!! No money no justice!! A defiler of a baby actually gets less jail time wow!!!

    • Maternity is a fact, Paternity is by faith. Subject the two to a DNA test which will prove beyond reasonable doubt that they are siblings or not. The so called father could just be a “social father” to one or both the accused. The mother knows the father of her child/children in most instances, while the father only believes that he is the father. Thereafter fair judgement will be done.

  8. I really feel sorry for these two, it could be that they leant later on in their lives that they were related, a lesser sentence or warning would have been in order.
    besides how sure was the the father MR Musonda that these were his Children, if they were born i from the some mother it could be agreed that they are related.
    is it becouse they are poor so many quatoions?

  9. Maternity is a fact while paternity is by faith. In most instances the mother knows the biological father of her child/children and the father believes he is the father. Therefore fair judgement of the two will only be achieved after they are subjected to a DNA test to prove they are blood related. Mr Musonda Snr could just be a social father of one or even both the accused.

    • @Visionary…..
      ..according to Zambian laws you do not need to be blood siblings to commit such a felony. If my father marries another woman who has children with another man, by law I’m prohibited to have any sexual relationship with any of the children from the step mother even if we do not share the same father…..
      Now, tho we do not know the background of how the union was handled by the father the first time he got wind of it….did he involve social counsellors before reporting to the police….??…because of their upbringing…separately, they did not have that natural sense of brother and sister relationship. On the other hand if the couple was cautioned on several occassion and choose to ignore then that is something else…
      ..now 20 yrs is too hash…

  10. Another witness Nellie Musonda who was their landlord told court that on February 5, 2014 Aaron Musonda approached her and asked to rent one of her rooms.Ms Musonda told the court that he offered Aaron a room but before she did she told him that she only rents out her rooms to married people

    Ms Musonda should be asking her clients to produce a marriage certificate period.And make a copy for her self.
    on wht basis do ms musonda rent out her rooms to people claim they are married?is it on hearsay?.

  11. incest is reprehensible and justice needs to be seen to be done,but 20 years in jail!!It is way too draconian.The judicial system definitely needs overhauling.How is it that these two can get twenty years when killers and paedophiles get less.Just compare this to Oscar Pistorius.

  12. Yaba! Koma ni pa Zed ca zoona. Funeral uku saidi, ma sista and bro kwinangu futi sooo. Yah! Anyway that is the way of the world. Those convicted are busy getting bail up to the highest courts of the land and these two hapless kids without anyone to help with DNA nonsense are being sent straight to gaol.

  13. I question the competence of the magistrate. This is injustice. The magistrate should lose his practising licence for bringing the Judiciary to disrepute

  14. I’m not surprised. The Judicial system in Zambia is a complete Joke. Judges hand out sentences depending on the mood they wake up in that day

  15. Case abnormal. Judgement abnormal. What is next? The judge has exposed himself and flaws in our judicial system. Is there anywhere where that sentence is prescribed in our laws or is just the discretion of the overexcited judge? It is true our laws need to be reviewed/overhauled. Lt could you spearhead the demand to review some of our irrelevant laws. Poor people will always suffer like that. Mbuzi be lenient and all those to be counselled and be reintegrated into society than crushing their spirits like the devil. Let them free after a simple punishment. I need to taste the lady and produce the future learned judges. She looks more fyompeble and who can resist her?

  16. This is a result of some parents being too strict with their children. If she cant get it from outside she will get it at home…….AKANANI NKANTU KALI PABWALI. In any case this is taboo.

  17. This overzealous magistrate is a very incompetent I.diot! U can’t send people to 20 years for that case! We have a person who forged a proffessionnal certifacate sent for only 12 months, some1 burrying huge unaccounted for money going scotfree, some1 killing a person sent 2 years suspnded sentence!
    What is wrong with this country? There is no judicial system to talk about!

    • @BOBO…
      ….they haven’t been sentenced yet….20yrs is just the maximum the judge can give them for that atrocity they committed…the high court is yet to determine how long they shall go in…..

  18. Who is the whistle blower? Is it the landlord? How did the landlord come to know that they are brother and sister? Who witnessed the carnal knowledge act or is it hearsay? Male and female can sleep together without carnal knowledge taking place. In this case what is the truth? Somebody had to be with them and see them in the act. Who is that witness?

  19. Their is no difference between “UMBRELLA MUSONDA and BASHI NONO, how can you father 15 children all of them from different women, so u sharged 15 women live to make them pregnant yaba U are really UMBRELLA. But in nsenga we say “Walya kake aliye mulandu” so let the kids be pardoned and continue eating each other

  20. Charge: Incest
    Evidence: Verbal Assurance of marriage & Seen bathing.
    Verdict: Guilty. Commited to high court coz minimum 20 yrs.
    ARE WE MAD?? Hasn’t this magistrate known of people being forced into marriages of inconvenience to make ends meet? Teacher marries brother on paper, obtain marriage certificate to obtain a transfer from one place to another?? These two just put up that front to acquire accomodation. In order to convince the landlord, they put up a show. If they finally did it, then the landlord made them do it. Jail the landlord!!!

  21. What is sex orientation? If it means sex preference then I don’t understand why homosexuals in some countries should be given space to exercise their sexual orientation over and above others. If a man has consensual sex with another man, it is ok here in South Africa, but when siblings do the same it is something else. How about someone who prefers to have sex with animals? Call it sex orientation, therefore nothing is wrong. That why I condemn homosexuality.

  22. Mmmmmm pipo plz read carefully snd understand wat the article is sayin b4 u start insultin the judiciary,the magistrate has simply commited th duo to the high court for sentencin,and the offence for which they hav bin convicted carries a MAXIMUM sentence of 20 yrs,which means they cn even b sentenced to 2 or 5 yrs dependin on the circumstances

  23. What they did was Disgusting and showes they have no respect for the family god and there bodies but 20 years is harsh there are more serious crimes being committed putting these two People in jail will only take up room they should sebarated or castrated in my opinion

  24. So called Mr Umbrella should be jailed for fairing to keep his children together at home ,so that children can know each other as brother and sister. He must be jailed for not giving UMBRELLA to his to children.

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