June 2007
Local Court Charges Woman for Failure to Reconcile With 'Impotent' Hubby
By Madube Pasi Siyauya
A WOMAN of Mponda Village in Kasama District has complained of a decision by a local court to fine her after the court failed to reconcile her with her husband due to alleged impotence.
Peggy Sausande 20, complained to the Legal Resources Foundation Mobile Clinic at Chilubula Mission that the Mukonge Local Court ordered her to pay her husband Michael Mwango 40, K500,000 as dowry refund and to return all the valuables her husband bought for her during courtship.
Sausande told LRF paralegal Bernard Mulenga that she married Mwango on January 5 2005 after he paid K5,000 as dowry and K105,000 as bride price.
Sausande alleged that Mwango was not able to perform his conjugal duties during their marriage due to his impotence. She alleged that their marriage was never consummated.
Sausande said on December 5 2006 the couple decided to move to Ndola so that Mwango could seek medical attention from traditional healers. She said of all their time in Ndola and after consulting with traditional doctors, Mwango was still not able to function sexually.
They decided to return to Kasama after a year of living in Ndola.
After their return to Ndola, Sausande decided that she could not cope living with Mwango as he was very abusive and cruel to her. Mwango on the other hand alleged that she was immature and disrespectful to him.
In February this year, Mwango took Sausande to her parents and later sued for reconciliation in the Munkonge Local Court in April.
Sausande said the case was held in camera in the presence of the Local Court Justice and a court clerk. She claimed that she was not given a chance to be heard during the hearing. “Divorce granted reconciliation failed “read the judgment in part.
Mulenga said the Local Court Justice erred in its judgment as bride price and valuables given are not supported to be returned on dissolution of marriage. He said only dowry is refundable. Sausande has since appealed to the subordinate court against the judgment.