A WOMAN of Lusaka’s Chunga government farms last Friday created an atmosphere of mixed emotions in the Matero Court as she knelt down before her uncle, begging him to forgive her and retract his words believed to have worsened her sickness.
Hellen Siwale, a 41 year old married, business lady revealed in court that she was suffering from an illness that medical experts at Chainama failed to determine.
According to Helen, the sickness which made her fall suddenly and prevents her from controlling her action for a period of time, started when she was still young.
This condition attracted the attention of her father’s young brother, Winston Siwale, 64 of Twikatane East Extension who started calling her a mad person.
“I started getting sick in grade five. I went to UTH and we were taken to Chainama where we were told that there is nothing wrong but they categorised the sickness as fitting.
“When I got married, he followed me to my marriage saying that I am sick and was not supposed to get married. He kept telling my husband that he should think twice,” Hellen narrated.
Helen produced a recording where Siwale once called her mad and threatened her that she would be sick to the level where she would begin to undress in public and even cursed her.
These words came to pass eventually.
“I got sick four times in Nakonde when I went to do business, my sickness became worse that I would even climb a wall fence without feeling it myself. I began undressing in public and became absent minded that I would do things that I dont know and people who are there are the ones who tell me.”
Hellen further narrated that at one point, Siwale went to her house when he heard that she and her husband had bought a plot, there he planted an unknown fruit where no one knew.
“I have suffered with this illness in my life, now I am 41 and still going through the same, no health practitioner or traditional healer knows the solution, but whatever my uncle says comes to pass and I become worse.”
” I once followed him to apologise with my mother but he refused stating that if I want to apologise to him, I shouldn’t go with family members, but with mare people. That’s why I have brought him here to court where non of you is related to us,” Hellen told court.
But in his defense, Siwale, Hellen’s uncle told the court that the plaintiff was actually a family divider who never brought people together.
“No one called her mad. She throws her children everday but she will never throw money, we pick her children everyday and today I have become a bad person. People dont even come at my place because of how she is. She is a very bad person and a divider in our home, she even caused my other elder brother to die over this same matter, she can’t be accusing me of bewitching her,” said Siwale.
“When I fall and have my child on my back how can I know that my child has fallen when I am am not there mentally? I do not feel myself and that is why I tie my money in an inside pocket. Surely, I have six children now, so you think I would intentionally love to see my child on my back fall dad?,” Hellen responded with a question.
However, to end the issue, magistrate Davies Mwila who was presiding over the matter upheld the claim of defamation of character, as Siwale indeed called Hellen mad as heard by the court through the recording that the plaintiff provided before the court.
“Claim upheld but the court will not make you pay. Because you are family, making you pay will only make the hatred grow even more but the court has established that you indeed called your daughter mad.”
“See there is more to this matter than what the court can solve, this woman is hurt and tired, seat down as a family and try to find a solution, the words you used against her as a parent are too strong and can destroy her, that’s why she felt inclined to bring you here after you failed to forgive her,” magistrate Mwila said.
But before the court could dismiss the two, Hellen asked if she could be allowed to kneel before her father and apologise again, and she was allowed by the court.
“Father, am begging you to forgive me, as your child, I can make so many mistakes some knowingly and knowingly, willingly and unwillingly, look at what am going through at this age, please I ask you to forgive me today, if I have left anything, may God add for me,” pleaded Hellen, despite her father not responding.
“Your daughter has apologised, dont take the apology lightly think about it when you get home. The job of the court is not to divide families but to unite them in any way possible, this is why it hasn’t charged you. Think of it when you reach home and forgive her,” said Magistrate Mwila.
After the case was done, Hellen offered to pay the court fees for her father but Siwale refused. However, the court gallery stood to disagree with him.
“Leave the child to pay if you have forgiven her,” the court stated and he allowed her.
Picture: Hellen Siwale leaving the Matero Local court after her case
By Buumba Mwitumwa
Kalemba June 11, 2024
