Kapiri man jailed for tattooing an old woman’s buttocks
By Isaac Zulu in Kapiri Mposhi
THE Kapiri Mposhi Magistrate’s Court on Wednesday convicted a 44-year old man for indecently assaulting and tattooing an 81-year old blind woman on the buttocks.
And the same 44-year-old Kapiri Mposhi based self-professed witchdoctor has vowed to abandon practice following his conviction and imprisonment for unlawfully wounding and indecently assaulting the woman whom he falsely accused of being a witch.
In this matter, Million Mumba of Lyimbika village in chief Mukonchi’s area was appearing before Kapiri Mposhi magistrate Mwila Malupande charged with three counts of unlawful wounding, indecent assault and naming a person as a witch respectively.
The offences were committed against Leya Konani, a resident of the same village.
In the first count Mumba was charged with the offence of unlawful wounding.
Particulars of the offence were that Mumba on Jan 28, 2024 unlawfully wounded Konani by cutting tattoos on her forehead and buttocks.
In count two, Mumba was indicted for indecent assault on females.
Particulars of the offence were that Mumba indecently assaulted Konani when he undressed her to mark tattoos on her buttocks.
In the third count, Mumba stood charged with an offence of naming a person to be a witch.
Particulars of the offence were that Mumba on 28 Jan 28, 2024 named, indicated, accused or threatened to accuse Konani of being a witch.
Mumba pleaded not guilty to all the charges.
During trial the prosecution led evidence from four witnesses among them the complainant, Konani.
She testified that on the material day whilst she was home, Mumba arrived at her place and asked for water to wash his hands as he had come with nshima in his hands.
She said when he was served with water and subsequently washed his hands, Mumba told Konani that he had seen a mermaid in her house and that he had been advised by the victim’s her daughter to remove it.
The second witness was Bridget Mbasela, granddaughter to Konani, who narrated how Mumba first undressed himself completely.
She said Mumba later undressed her grandmother before he started cutting tattoos on her buttocks using a razor blade with the help of his wife who was parting Konani’s buttocks.
The third witness was Jessica Musonda, Konani’s daughter to who testified that on January 26, 2024 Mumba was passing by her house when he told her that the mother was a witch.
Mumba claimed that Konani was keeping a mermaid in her house which he could help to remove if he was given K5,000.
However, Mumba was told that the family did not have such money but in the process Konani, the complainant offered him her blankets and allowed him to perform his rituals to remove the mermaid.
The court heard that Mumba made a concoction of herbs which were administered on Konani through marking tattoos using a razor blade on her forehead and buttocks after undressing her.
The court heard that after a failed attempt to find the marmaid at Konani’s house, the following morning Mumba went into the bush carrying the complainant on his back to go and catch the fertish but only came back later with a bunch of mushrooms.
However, Mumba’s failure to catch the marmaid as promised enraged villagers who descended on him and beat him up together with his wife before he was apprehended by a Communality Crime Prevention Unit who handed him over to the police.
And when placed on his defence, Mumba told the court that on January 26, 2024 he stopped over at the complainant’s daughter who told him that her family had a problem because Konani had a mermaid and that the neighbour’s child had seen it.
Mumba told the court that he offered medicine which he could give to the complainant to help catch the mermaid.
He said he was shocked that on the day he was attempting to catch the mermaid, over 400 villagers turned up to watch when he just invited family members and the village headman.
The now convict told the court that a hoard of villagers later descended on him and started beating him and his wife who was helping in rituals to catch the mermaid.
In passing judgment, magistrate Malupande noted that the prosecution had proved the case against Mumba on all the charges.
On counts one and two, magistrate Malupande observed that it was not in dispute that Mumba tattooed the complainant with a razor blade and caused her wounds and indecently assaulted her when he undressed her to cut the same tattoos on her buttocks.
Magistrate Malupande further added that there was overwhelming evidence to prove that Mumba called and named the complainant as a witch, further stating that in Zambia a person who is believed to have a mermaid is regarded as a witch.
She added that attempts by Mumba to administer unknown herbal medication and tattooing and the performance of going into the bush to catch the mermaid after a failed attempt of finding it at the complainant’s house was in itself instigating or insinuating that Konani was a witch.
In mitigation, Mumba begged the court to exercise lenience on him, saying he had repented after while in police custody.
He pleaded that he would never practice as a witchdoctor again as it had landed him in problems.
But magistrate malupande observed that the practice of rituals on an 81-year-old woman was barbaric and should not be condoned especially that she was a vulnerable, old and blind woman.
“You went there to remove the ililomba which you knew never existed, thereby causing confusion in the family. Basically, you went there as a scammer to milk the family of money,” said magistrate Malupande.
She then sentenced Mumba to 12 months imprisonment from the date of arrest for unlawful wounding in the first count, and fined him K225 in default two weeks imprisonment for naming the complaint a witch in count three.
Magistrate Malupande further convicted Mumba on the charge of indecent assault on a female, but committed him to the High Court for mitigation and sentencing as she has no jurisdiction to pass judgment in such matters.