The Lusaka Magistrate Court has convicted a 22 years old Male of Lusaka’s Zingalume ompund Fanizani Phiri for attempting to have carnal Knowledge with his 42 year old Biological mother.
The Convict had pleaded not guilty to the charge of incest which is contrary to section 159(1) of the Penal code chapter 87 of the laws of Zambia, he committed on December 25th 2025.
When the matter came up before Magistrate Mutinta Mwenya for ruling, incontrovertible facts of the matter found by the court are that the accused is the biological child of the victim and lived with her in the same house hence his clothes being there.
The court has also found that it is not in dispute that prior to his apprehension, the accused had gone to his mothers house and there he broke things after he was rejected sexually by his mother.
Fanizani Phiri had also been drinking on that material day but could recollect what happened except the attempted incest itself.
Other facts found by the court in this case are that the mother called for help in the midst of struggling with accused to let her go and go out of the house and her other children took him to the police at Matero.
Magistrate Mwenya said it is not in dispute that the accused is a biological child to the victim thus the victim is his mother which he is and was very much aware of at the time of the incidence.
She says in effect he denied the relationship but mentioned a Margret Phiri to be his mother which she also carries and find it is just an after thought to evade justice.
In the premise, the Magistrate Mwenya says she need not to stretch her mind in order to satisfy herself of the fact that accused is the victims son and had knowledge of the fact at the time of attempting to carnally know her.
In the circumstances and by the reasons of the forgoing therefore, The Court says it is satisfied that the Prosecution have proved their case against the accused of the offence of attempted incest by a male as charged contrary to section 159(3) of the penal code chapter 87 of the Laws of Zambia and as such find him guilty and accordingly convict him.
Magistrate Mwenya has since Committed Fanizani Phiri to the Lusaka High Court for sentencing
For the avoidance of doubt, section 159(1) of the Penal Code is enacted as follows;
“Any male person who has carnal knowledge of a female person who is to that person’s knowledge his grandmother, mother, sister, daughter, grand-daughter, aunt or niece commits a felony and is liable, upon conviction, for a term of not less than twenty years and may be liable to imprisonment for life.”
By Best Jere
