In a Chadiza Magistrate Court ruling, a 22-year-old husband, Thamison Phiri of Lavu village, has been fined K7,000 or faces 30 months of simple imprisonment for unlawfully wounding 18-year-old Azion Tembo. The incident occurred when Phiri discovered Tembo committing adultery with Phiri’s wife in the shrubs.
Magistrate Fred Munsaka presided over the case, and Phiri admitted to unlawfully wounding Tembo after catching him red-handed with his wife on November 22, 2023, around 20 hours.
Phiri, who had been married to his wife for eight months, expressed his deep distress upon witnessing the act. He resorted to assaulting Tembo with a knife in a fit of anger, leading to injuries on Tembo’s forehead, left ear, and left arm.
During the court proceedings, Phiri explained, “The sight of the boy and my wife having sex in the bush was heart-breaking. Up to now, I am still broken.”
Magistrate Munsaka, in delivering the judgment, emphasized the need for Phiri to manage his anger. He considered Phiri’s use of a knife against an unarmed Tembo as excessive force and dangerous.
As a deterrent to potential offenders, Magistrate Munsaka imposed a K7,000 fine on Phiri, with an alternative of 30 months of simple imprisonment in default. The court ruled that K6,000 would be awarded to Tembo, the complainant, who sustained injuries, and K1,000 would go to the state.
What would the magistrate do if he found his wife in the same situation? The reaction was spontaneous.
@Deja Vu This may shock you but she doesnt belong to you. Marriage is voluntary so if someone gets fed up let them walk out the door to their new relationship. They shouldnt be enjoying your company when they have someone else pleasing them. You dont need to beat anyone up. God will sort things out.
Good question to judge. So if you broke ones, if you need k6000, just go and sleep with your neighbors, but make sure you are caught.
Usually, it’s death that results in such cases especially in rural areas. The Magistrate hasn’t helped solve the problem and Tembo shouldn’t be happy about the outcome of this case. He might lose his life. The provocation was extreme and the K7,000 fine isn’t a deterrent but an ignitor of further anger.
Qualifies to be treason, and punishment should have been harsher
I catch you doing my wife ,as if it’s not enough torture I have to pay you again, surely the laws are made by the dumb. So the magistrate expected the husband to pat the boy on the back for job weldone. My take Tembos days are numbered
He should just finish him off. Or if Tembo has wife, Phiri should find a way to sleep with her.
No thats not what the court said. And #Deja Vu an eye for an eye is not justice. And the Israelis will soon find out
They say it takes two to tangle. Why did Phiri spare his wife? She had a right to say NO if she really loves and respects her hubby. But violence never solves anything, anyway. Just let the two fools go and marry each other if they want and move on with your life.
What a useless woman? Eight months into marriage and committing adultery! Mr Phiri violence does not solve anything. Just sue the two fools and move away from them.
A prominent Ndola man killed his wife after finding photos of her having s$x with a Tanzanian man whom she’d met at an NGO conference in Nairobi. After spending years in remand, the man was released by the presiding high court Judge… adding Bakazi Batu vuta maningi. That’s many years ago when courts were clean like heaven.
……..
He should appeal……..
He would definitely get a favorable outcome
Even in law, sentences can be very light when it’s a crime commited in the heat of the moment. Even a resulting death can have an accused simply sentenced to a suspended sentence of one week.
Examples of crimes that may warrant no fine or single day in jail.
1. You catch someone defiling your 7year old child and you beat them to death.
2. You find someone sleeping with your spouse and beat them to (near) death.
3. You find someone stealing and you react as in 1 and 2 above.
This man acted impulsively and used the knife which was already with him. He should appeal this sentence.
The magistrate acutely erred in passing that ruling. Now what’s the punishment to the adulterer? What the magistrate did was simply promoting adultery and sexual promiscuity in the country.
Exactly
Imagine the faka eating twice… the wife and the money?
What’s the punishment for the adulterer? That is a separate charge and it wasn’t before this judge.
He will not even enjoy the same money as 80% will go towards medication(his body repairs &cosmetics)for the wounds he sustained from the knife welding Husband.I feel for poor husband who will always remember the sex scene/traumatic images of the boy tilting & dividing the promised land of his wife in the shrubs
These are upnd cadres. They lack discipline and are secxual deviants.
Depression is real. I “see” a lot of depressed people coming to this LT for therapy.
Wishing everyone going through life challenges a better tomorrow
Meanwhile Mweetwa has been shagging a young man’s wife…yaba
There is extremely wrong with this judgement. In the 80s, a man shot wife’s boy friend when he saw them kissing the car. Killing him. The judge set the man free. Siting too disturbing ..