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Sisters to pay neighbour over insults

MUTINTA MULAYE writes

THREE women, of Lusaka’s Garden Compound, have been order to pay their neighbour K1500 for the insults they showered on her.

Boma Local Court Senior Magistrate, Sharon Sichone, order Idah Shawa, 52, Martha Shawa, 23, and Theresa Shawa, 34, to compensate Ms Brenda Sakala, 54, an amount of K500 each for undressing her in public.

Ms Sakala told the court that the problem started on January 29, around 03:00hrs, when her brother heard some people with touches in the guava tree by their roof.

Ms. Sakala said, “Ba brother banga bana mekinga effort kuyendo checkinga, tenant waba neighbor naeve enze panja anaona ati pali bantu benze nama torch ku mutenge, ana tenga myala atema then bayambo jumpa jumpa ndiye pe bana ona ati pali na mwana waba neighbour, Junior”(My brother and our neighbour’s tenant made an effort to check who it was, and after throwing a stone in the tree, discovered that it was actually my neighbour’s son, Junior, and his friends).

Ms. Sakala said she was not informed about the incident until later in the morning when her brother told her about it.

“So ine nina yenda straight kuli ba neighbour banga, ba Idah, kuseni nabwela naba uza kuti nvelani mwana wanu veachita, nabwela naba uza vonse. Nabwela nabauza kuti, akabwela mumuze abwele apyange vimatepo vama guava nabanzake bana fifya maningi,” she told court. (I went straight to my neighbours, Idah’s house, and informed her what her son and his friends had done. I also requested her to ask her son, and his friends, to come and sweep the guava tree leaves from my yard).

She told court that Junior and his friends did not sweep the leaves as requested and that she later approached them, when her granddaughter spotted them, to inquire what they were doing in the guava tree at that time of the night.

She narrated that, “Siniziba, kapena banamu yanka bwanji, nabwla nanvela ka chongo nabwela nayendako ku funsa ati nichani, manje mwana wabo sininaone ati enze ku bema fwaka yeima bema ma junkie so ninamu bunkamo yabwela yataika abwela akalipa ani fwemba.”(I am sure about what had happened but I decided to go and inquire after I went some noise. But when I got there, I accidentally bumped into Junior, who, I did not notice, was holding a cigarette, the kind smoked by junkies, and he got upset and grabbed my clothes.)

She said that a fight ensured and that her neighbours, Idah, and her sisters, Ms. Martha and Ms. Theresa, also later joined and started beating and insulting her. Her granddaughter tried to stop the fight but failed, and instead helped her ran into the house.

 (They later came to my window, broke it, and started insulting me. Idah told me I was barren and a Satanists; Theresa said she would penetrate me with her hand and remove my uterus while Martha accused me of being a prostitute who sleeps around with boys).

She said that her neighbour’s entire family insulted her including the children who repeated the abuses after the elders.

She could not however bring all who witnessed the incident to court because she claimed they were scared “junkies” would be set on them.

But Ms. Idah, Ms. Martha and Ms. Theresa denied ever insulting Ms. Sakala or being present when the alleged fight took place. “Bamuna benangu bana bwela kuni uza ati mwana wanu ba paya ku road, ine nati lekani bamu paye, nenze nkezi chabe mu nyumba. Sinina nyamuke, pe bana bana bwela kuni uza ati Junior amenyewa ndiye pe ninyendo ona, nina ba funsa ati why muusha nkani ya kuseni, bana yamba ku tukwana no kamba ati ni bala bana balibe profit. Ba bwela bani menya kofi, bantu banani gwila muku yeshelela ndiye pe nina yenda mu nyumba,” Idah said. (A man initially came to tell me someone was beating my son by the roadside but I did not immediately go there. I only went there later on after the children came to tell me about the incident, and that Ms. Sakala infact insulted me when I queried her why she was starting issues early in the morning. She punched me and insulted me that my children were “unprofitable”. I couldn’t fight back because some people held me back and I later went back into the house).

She said that her son, Junior, refused to clean up the leaves at Ms. Phiri’s house because said he did not put them there. Further, she stated, that the matter quieted down until around 22:00hours when Ms. Sakala got drunk and started causing commotion.

Ms. Martha, on the other hand, told court that she went to call her sister, Idah, after she found Ms. Sakala and her granddaughter beating her brother, and that she only tried to stop the fight between the neighbour and her sister.

“A fight started after Ms. Sakala insulted my sister. I tried to stop it by pulling my sister away while someone was trying to pull my brother, and we went home,” she said.

Ms. Theresa said arrived home from work only to be told that someone was beating up her brother by the roadside, and that Ms. Sakala insulted her when she went to inquire what was happening.

“Bana yamba kuni fwemba, naku tukwana. Nabwela naba pushinga, ba neighbor bana tiyeshelela. Ku nyumba ba mai banani funsa ati nichani, nabwela nabauza ati aba benzo menya brother wanga, banani konka futi ku nyumba ati bwela tisilizane, Tina yambo menyana futi bantu ba bayeshela, nabwela nayenda ku nyumba beve basala,” She stated. (She grabbed my clothes and insulted me but I pushed her away and the neighbour separated us. I went home where my mom asked me what was wrong and I informed her that someone was beating up my brother. Ms Sakala again followed me and tried to start up the fight but people separated us, and I went home.)

She denied breaking Ms Sakala’s window and said the two exchanged abuses while standing by her door which is directly opposite Ms Sakala’s window.

According to Ms. Theresa, Ms Sakala threw the bottle which broke the window and hurt her.

The court ruled that the statements by the three sisters did not corroborate, and that the probability of them insulting Ms. Sakala were high because their brother was beaten, and that they most likely equally responded with insults after Ms Sakala insulted them.

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