In the past, customary law was the only law governing the people of Africa. It was conducted in accordance with relevant rules from different customs or tribes.

It is customary in Zambia a man should pay lobola to the family of a woman when he wants to marry her. Some tribes pay lobola whilst others do not.

Lobola is the money a man pays for the children the couple might bear and dowry is the money a man pays for the woman.

Many women are against this idea because they feel this is what makes men abuse their wives.

Faith Tembo from Kaunda Square said lobola makes men abuse their wives because they know that even if they divorce, the children belong to them.

"A man also knows that when the female children grow up, he will benefit from the dowry and lobola, which will be paid by their husbands," she said.

Carol Chinfuti, a worker at Kulima Tower, said lobola should be abolished because the country is being modernised and people should accept change.

"Men should be left free to decide whether they want to pay or not. They should be given a chance to suggest how much they want to give as a token," she said.

She said those who pay more money become dominant in the house.

Enerst Chimfwembe supported Chinfuti.

He said this payment should be abolished because it gives men many responsibilities. He said both parties should play an important role in marriage.

"Why should a man pay alone when the children belong to two people," Chimfwembe said.

He said traditionally, when a man pays lobola and the couple divorce, the woman cannot take the children because the man paid for them.

Richard Hanyinde, a worker at Catholic Bookshop, is for the idea of men paying lobola. He said according to his tradition, lobola is the power to show that a man has ownership over the children.

Hanyinde said lobola is paid in two ways. First before a man marries and when he has already married.

Before marrying, the woman’s family charges the dowry and half of that money is charged as lobola. Whilst in marriage if the man was not charged lobola, the woman’s family charge it by counting the number of children the man has.

He said if the man did not pay lobola and dies, his relatives should pay on his behalf if they want to have custody of the children. The same way if the woman dies, the man is ordered to pay before his wife is buried.

George Chisenga said according to the Bemba custom the man’s relatives approach the family of the woman. They request that family to allow them to have their daughter. If the family accepts, the man’s family gives them something as an appreciation. He added that Bembas do not pay lobola but dowry only.

"Long time ago lobola was charged by giving the woman’s family a chicken, goat or a cow as a way of appreciating that the woman would increase their clan by producing children. If the woman is barren whatever was paid is given back to the man’s family," he said.

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Maid Held Over Child’s Death

A Maid from Lilanda Township was on August 13, 1999 arrested and charged with murder of a three month old baby.

The juvenile who was working for Caesar Changwe of Kabwata told Legal Resources Foundation (LRF) lawyer Geoffrey Mulenga she was picked up from her home on the said date.

She was detained at Kabwata Police Station before being taken to the surbodinate court for committal to the Lusaka High Court.

According to the juvenile, the baby’s death was accidental and occurred on August 6, 1999. She said she noticed blood coming out of the baby’s nose. The police are stil investigating on the facts.

Insted of taking the child to the hospital or to the parents, she rushed him to the grandmother in Northmead who telephoned the father of the child to inform him.

Changwe, the grandmother and maid rushed the child to the hospital. But on arrival, the child was pronounced dead.

On August 13, last year, Kabwata Police Station officer-in-charge Mwashaboya arrested the juvenile and charged her with murder.

The case is being heard in the Lusaka High Court by Justice Gregory Phiri.LRF lawyer Geoffrey Mulenga is representing the juvenile.

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