A 22 year old Lusaka man’s attempt to disown his mother after a rape attempt has fallen on deaf ears as the court of law convicted him for the offence.
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Fanizani Phiri, has been found guilty of attempting to rape his 44-year-old biological mother on Christmas Day and has been committed to the High Court for sentencing.
Phiri, an employee of a local tobacco company, appeared yesterday before Lusaka Magistrate Mutinta Mwenya, who delivered the judgment.
He was convicted on one count of attempted incest by males, contrary to Section 159(3) of the Penal Code Chapter 87 of the Laws of Zambia.
The court heard that on December 25, 2024, Phiri attempted to have unlawful carnal knowledge of his biological mother.
Court records indicated that he threw her onto a bed, half-naked, in an attempt to rape her.
During the trial, the complainant, who works as a maid, testified that her biological son attempted to rape her after he came home drunk and undressed in her presence with an erected penis.
She recounted struggling to escape his grasp, eventually managing to punch him and shout for help.
The complainant stated that Phiri is her second child out of eight but to his defense, Phiri denied the allegations, claiming the complainant was not his biological mother but his stepmother.
He accused her of hatred.
Phiri testified that on the day of the incident, he was coming from Nelson Mandela School, where he had been drinking with friends, and that he did not know what his friends put in his beer, as his head started spinning.
He claimed to have boarded a bus, and upon reaching home, started breaking things, leading to his arrest.
Magistrate Mwenya ruled that the state had proven its case beyond a reasonable doubt.
“I satisfy myself of the fact that the accused is the victim’s son and had knowledge of that fact at the time of attempting to carnally know her. I find him guilty and accordingly convict him,” she stated.
Phiri has been committed to the High Court for sentencing due to the severity of the offense.
The charge of rape carries a minimum sentence of 15 years, with the possibility of life imprisonment depending on the circumstances of the case but the Subordinate courts lacks jurisdiction to pass sentences exceeding seven years.
By Lucy Phiri
Kalemba June 12, 2025
