MULENGA MUSONDA writes
THE Choma Fast Track Court for Gender Based Violence has convicted and committed to the High Court a 25 years old man for inappropriately touching a woman with a motive of raping her.
In this matter Nevers Malambo of Mutandalike area of Chief Cooma’s Chiefdom stood charged with indecent assault on a female contrary to the Laws of Zambia.
Particulars of the offence are that Malambo on 9 May 2020 in Choma unlawfully and indecently touched a female without her consent.
When the matter came up for judgement before Court, Senior Resident Magistrate Idah Mupemo found the accused person guilty and committed him to the High Court for sentencing as the offence carries a minimum of 15 years which is beyond her jurisdiction.
In her judgement Magistrate Mupemo established that Malambo attempted to have sex with the victim without her consent.
She said his conduct amounts to Assault as it indicated explicit sexual desires by the accused.
She thus convicted Malambo after being convinced that the Prosecution had proved its case to the required standard.
In her evidence earlier, the 33 years old victim testified that on the fateful day as she was herding Goats, Malambo approached her and inquired about the daughter. When she tried to ignore him and turned her back on him, Malambo tackled her from behind and she fell.
She said, Malambo told her that since she was hiding her daughter he would do to her what he wanted to do with her daughter
“He tackled me to the ground from behind and got on top of me, he tried to pull down my legging but I wrestled him,” the witness said.
“He tore my Chitenge, but in the process of wrestling with him a piece of his Shirt Sleeve ripped off and remained with me,” she said.
