man jailed 12 months for assaulting former wife who refused to reconcile

Kapiri Mposhi Magistrate, Edward Banda, has sentenced a 34-year-old man to one year and three months 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, Zambia 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.

Pethias readily pleaded guilty as charged.

According to Zambia Observer, Pethias did assault Patricia for refusing to mend their marriage and move back with him after the couple divorced over a year ago.

On 12 February, 2022 around 7:00 P.M, Pethias met the complainant coming from the market and demanded that she reconciled with him and move back to his home for them to continue with their marriage.

The complainant however refused which got the convict 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.

Pethias 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.

Passing judgment, the magistrate, Banda ruled that Pethias had no right to beat and inflict injuries on the complainant as she had moved on with her life after the couple divorced.

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 for your partner.

“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,” Banda stated.

The magistrate stressed that cases of Gender Based Violence (GBV) are considered serious by the  government and that the courts will mete out appropriate punishment for perpetrators of the vice to deter would-be offenders