The LRF Newsletter

Edwin came to Chilenje Legal Advice Centre to seek advice. He wanted to know if it is lawful for him to pay Simon because the decision for him to father for his brother was made by an elderly woman in the village who has since died.

He explained that his brother married a woman and had no child with her. The woman complained to elders in the village and one elderly woman approached Edwin to father for his brother. She proposed that he secretly engages in sex with his sister-in -law so that they could have a child.

Edwin claimed that he did not disagree with the decision because it could have been disobeying the elders. Therefore, he started fathering on behalf of his elder brother without his brother’s consent. This went on until this year when Edwin and the woman arranged to meet in Edwin’s house.

He said that he had gone to town with his brother’s wife. On their way home, they agreed that the woman should remain in the bush so that at night she should go and sleep in Edwin’s house.

During the night, the villagers saw the woman when she was trying to come out of the bush. She ran into Edwin’s house and was caught. When asked what was happening, the woman told those around that she had planned with Edwin to sleep in his house.

His elder brother later found out and accused Edwin of committing adultery with his wife. The woman has six children and is two months pregnant.

Simon claims that the children are his. A meeting was held and Edwin was ordered to compensate his brother by giving him one cow.

“The pregnancy and the children are mine, I can not pay for them,” Edwin said.

Mrs. Beauty Ngoma and Mabvuto Banda, paralegals who are manning the centre, advised Edwin to pay his brother. They observed that if the case goes to court he would pay more

Commenting on the case, LRF lawyer, Ignatius Chongwe said the man is guilty of committing adultery and interfering with the marriage of his brother. He continued that there is no customary law that allows people to commit adultery.