Lusaka Court Orders Nephew to Pay K20,000 for Affair With Uncle’s Wife That Produced a Child

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A Matero Local Court in Lusaka has ordered a 29-year-old man to pay K20,000 in compensation after he admitted to having an adulterous relationship with his uncle’s wife, a relationship that resulted in the birth of a child.

The court heard that Edgar Kunda, of Chazanga Township, was sued by his 38-year-old uncle, Marriott Kawangu, who accused him of destroying his marriage.

Marriage Trouble Began in Luapula Province

According to court testimony, Kawangu relocated to Luapula Province in 2018 to live with his sister, who is Kunda’s mother, after facing financial difficulties.

A few months later, he invited his wife, Charity Jere, to join him.

However, Kawangu later fell ill and returned to Lusaka for medical treatment, leaving his wife and their two children in Luapula under the care of his sister and nephew.

Upon returning after several months, Kawangu said he noticed unusual behaviour between his wife and Kunda.

“When I returned, I noticed my wife would spend time outside at night chatting with my nephew. I called a family meeting to address the issue, but nothing changed. A few weeks later, she told me she was pregnant,” he told the court.

Kawangu said he immediately suspected his nephew was responsible for the pregnancy.

Wife Leaves Marriage

The court heard that disagreements over the pregnancy eventually caused Charity Jere to leave the matrimonial home and relocate to Lusaka.

Kunda also later moved to Lusaka, prompting Kawangu to return the bride price to Jere’s family after their relationship broke down.

Nephew Admits Relationship

In his defence, Kunda admitted to having a relationship with his uncle’s wife.

He told the court that Jere had frequently complained about her husband’s inability to adequately provide for the family while they lived together in Luapula Province.

According to Kunda, Jere allegedly told him she believed she would have a better life with him.

“She told me she would be happier with me because I would take care of her, despite the fact that I am her husband’s nephew,” Kunda said.

He further claimed that after the pregnancy, his uncle refused to take responsibility for the unborn child and instructed him to do so instead.

Wife Confirms Affair

Charity Jere also admitted before the court that Kunda fathered her child while they were living in Luapula Province.

She told the court that the relationship continued even after they both relocated to Lusaka.

Jere also claimed that throughout her marriage, Kawangu only gave her between K15 and K20 for household expenses.

Magistrate Questions Kunda’s Decision

During proceedings, Local Court Magistrate Nancy Ngoma questioned Kunda about his decision to pursue a relationship with his uncle’s wife.

Although Kunda admitted he had made a mistake, he told the court he still intended to marry Jere.

The magistrate warned that such a union would create confusion within the extended family.

“Just imagine that after you marry your aunt, the children you have together will be calling your uncle grandfather. Do you think he will accept that? Or will the children respect you?” Magistrate Ngoma said.

She further reminded Kunda that while he could not change what had already happened, he still had an opportunity to make better decisions going forward.

Court Orders K20,000 Compensation

In delivering judgment, Magistrate Ngoma ruled that Kunda’s actions had caused significant conflict within the family.

She also observed that Kawangu and Jere remained legally married because no divorce certificate had been presented before the court.

The court subsequently ordered Kunda to compensate his uncle K20,000 for adultery.

Under the payment schedule, Kunda is expected to make an initial payment of K3,000 at the end of August, followed by monthly instalments of K1,000 until the full amount is settled.

The ruling has attracted public attention due to the unusual family relationship at the centre of the dispute and serves as another example of matters involving adultery being heard before Zambia’s local courts.