KABWE COURT REJECTS BID TO WITHDRAW DEFILEMENT CASE
The Kabwe Magistrates’ Court has refused to withdraw a defilement case involving a 39-year-old traditional healer from Makululu Compound in Kabwe District of Central Province.
The accused, Clinton Kaswende, is charged with one count of defilement of an imbecile, contrary to Section 139 of the Penal Code, Chapter 87 of the Laws of Zambia, as read together with Act No. 15 of 2005.
Kaswende is alleged to have had carnal knowledge of a person with a mental disability and has since appeared before the Kabwe Magistrates’ Court in connection with the matter.
Particulars of the offence are that, Kaswende on the 11th day of December 2025 in Kabwe District had unlawful canal knowledge of an imbecile when he knew that she was an imbecile.
And when the matter came up before Resident Magistrate Liswaniso Wamundila for the commencement of trial, the sister of the victim who reported the case on her behalf, asked the court to withdraw the matter.
She told the court that she had reported Kaswende to police to safeguard his life from mob justice on the material day.
“Your honor, I only reported him to the police for the fear of him being beaten by the mob who gathered at my place when I accused him of the act.” She explained to the court.
Magistrate Wamundila warned the witness that cases of defilement were not supposed to be resolved outside the court.
” This is a serious offence which is not supposed to be dealt outside the court room, it is the case of the people of Zambia versus the accused person. You would have considered that possibility before reporting the matter,” ruled the magistrate.
Magistrate Wamundila questioned the witness why she reported Kaswende to the police if he never committed the offence in the first place.
The court has since instructed the witness to appear in court with the victim in the next court session for the case to proceed with the trial without further delay.
The witness informed the court that she had challenges transporting the victim to court, as she had no means of transporting her by private transport, stating that it was difficult to use public transport because the victim was not willing to do so owing to her state of mind.
Magistrate Wamundila directed the senior court clerk to look into the issue of providing transport, as the state had a provision for transporting witnesses.
The court adjourned the matter to February 13, 2026 for commencement of trial as Kaswende remained in police custody.
