THE intriguing story of the Lusaka-based woman who claims an employee of Pamodzi Hotel strayed his fingers into her private regions and turned her assets enjoyment into play things has taken a new twist.
The Hotel now claims the woman’s story is a complete fabrication meant to extort money out of the business and has since filed a counter claim of damages against her.
Pamodzi Hotels indicated that Mwansa Njelesani is only interested in claiming money from it as opposed to ensuring that the truth of the matter is established.
It disclosed that its client has not been cooperating with the private investigator it engaged to get to the crux of the matter which indicates that the claim is calculated to deceive and defraud it.
In this matter Mwansa Njelesani has sued the Hotel and its employee Kenneth Musonda for the unauthorized sensuous experience she was subjected to by a male masseuse.
In a detailed account of the ordeal, Njelesani said that on April 1, 2022 she was introduced to Jiva Spa belonging to the hotel by her cousin Ethel Lunga.
She stated that the spa offers a wide range of signature Jiva treatments.
Njelesani said she had her first massage
session in the company of her cousin and Musonda who works as a masseuse at the said massage parlor was assigned to fiddle with her body as there was no female masseuse to attend to her.
She explained that Musonda massaged her body and the rubbed it down professionally at such that the plaintiff returned the parlor on May 24, 2022.
Njelesani said said as a result of the soothing massage she received the previous time, she requested for Musonda to carry out a deep tissue massage around 13:00 hours as there was no female masseuse.
She said the massage was going on well until Musonda asked her if he could put pressure on the vagina using a veiled term “there” and without understanding that he was referring to her clitoris she authorized him with an understanding that parts sensitive to sexual stimulation are not touched in a regular massage.
Njelesani said to her shock and dismay and without her consent she noticed that the
massage became sensual.
She claimed that without permission, Musonda took her to the rain-bringing numbus clouds when he caressed her between her thighs and fondled her labia which led to ‘rape paralysis’ as a result of to much pleasure.
“The Plaintiff immediately went into tonic immobility. While in the state of tonic immobility, defendant continued to assault her by touching, and rubbing her clitoris and trying to stimulate her thighs and vagina further,”Njelesani said.
She said upon losing her breath and mind, she was inert but Musonda continued to ‘make her water’ and hotter as she tried to break free from him.
Njelesani stated that she felt trapped in her body and helpless as Musonda used dirty talk asking if he could insert his cock and bust the nut in her intimate parts.
She claimed Musonda sexually assaulted her despite having been stopped and when he tried to seduce her further by sucking her nipples she gained strength and shoved him away and he mockingly laughed at her and ended the massage.
Njelesani said despite being a former victim of sexual abuse during childhood, she was retraumatized by Musonda’s actions which led to her tonic mobility and her out of body experience.
She said she informed her husband of the alleged sexual assault and sought therapy afterwards as she needed counseling following the recurring abuse.
The plaintiff said she lodged a complaint with hotel management and she was advised to put it in writing to which she complied but management requested for time to investigate the case.
Njelesani said on June 16, 2022 the hotel wrote to her indicating that they could not find Musonda wanting without availing her an investigation report.
She stated that the couple requested for CCTV footage but to date the hotel has not availed it.
“Such sexual harassment and indecent assault was done in the course of employment with Pamodzi Hotel which failed to protect, its client,”said Njelesani.
“Because of Musonda’s acts of sexually harassing and indecently assaulting her, she has suffered emotional harm, mental damage, re-trauma, depression, shock, anxiety, post-traumatic stress disorder, and financial loss.”
Njelesani is claiming damages for the sexual and indecent assault, damages for professional negligence and negligent discharge of duty to be decided by the court.
She wants damages arising out of victimisation.
The plaintiff wants the Hotel to award her damages for failing to ensure safety in the premises for its clients and the negligent discharge of duty to carry out investigations.
But in its defense Pamodzi Hotels said that an investigation conducted by itself and the Zambia Police Service revealed that the claims against Musonda were unfounded.
It said in her report Njelesani claimed that Musonda ejaculated on her but failed to produce evidence when requested to do so by the police.
It said a proper report was duly given to Njelesani regarding the investigations and will produce CCTV footage at trial.
“Pamodzi has put in place deliberate policies and trainings for its employees in the protection and identification of sexual related offenses, emotional abuse, it has employed an open-door policy where any employee or client
is free to report any related case,” the hotel said.
“Even in the event of criminal liability being proved Pamodzi can not be held liable for criminal acts of its employees.”
It said it engaged Kelvin Sokuni a private investigator but Njelesani was not cooperative.
The hotel added that its client was deceitful when she failed to report the matter on the actual day of the alleged act, gave contradicting statements failed to avail evidence and demanded immediate payment.
By Mwaka Ndawa
Kalemba February 6, 2024.
