Zingalume man may spend 20 years in prison after court convicts him for attempted incest with biological mother

A 22-year-old man of Zingalume Township, Fanizani Phiri, has been convicted for attempting to have s*xual intercourse with his 42-year-old biological mother.

Phiri had pleaded not guilty to a charge of attempted incest, contrary to Section 159(1) of the Penal Code, Chapter 87 of the Laws of Zambia. The offence occurred on December 25, 2023.

However, when the matter came up before Magistrate Mutinta Mwenya for ruling, the court found overwhelming evidence proving that Phiri was fully aware that the victim was his biological mother and had attempted to engage in a s*xual act with her.

According to the facts presented in court, Phiri and his mother were living in the same house at the time of the incident. On the day in question, he had been drinking and, after being rejected by his mother, reacted violently and damaged household property.

During the struggle, the mother called for help, prompting other family members to intervene and escort Phiri to the Matero Police Station.

In her ruling, Magistrate Mwenya noted that Phiri had initially denied the maternal relationship, claiming another woman, Margret Phiri, was his mother. However, the court viewed this as a last-minute attempt to evade responsibility.

“It is not in dispute that the accused is the biological son of the complainant and was fully aware of this relationship at the time of the attempted act,” said Magistrate Mwenya.

She added that there was no need for the court to stretch its reasoning, as the facts clearly demonstrated that the accused knew he was committing a prohibited act.

“The court is satisfied that the prosecution has proved its case beyond reasonable doubt,” she ruled, convicting Phiri of attempted incest.

The case has since been committed to the Lusaka High Court for sentencing.

Section 159(1) of the Penal Code states:
“Any male person who has carnal knowledge of a female person who is to that person’s knowledge his grandmother, mother, sister, daughter, grand-daughter, aunt or niece commits a felony and is liable, upon conviction, for a term of not less than twenty years and may be liable to imprisonment for life.”

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