PATRIOTIC Front (PF) Chimwemwe Member of Parliament (MP), Willy Nsanda has been divorced by his wife, Phebby but the MP rejected the court’s ruling that he shares half of his property with her.
Mr Nsanda told the Lusaka Boma local court that he could not share 50 per cent of his properties with his former wife because the two were not staying together when he accumulated the properties.
Lusaka boma local court senior presiding magistrate Henry Mwananshiku sitting with senior local court magistrate Juliet Mwila dissolved Mr Nsanda’s marriage yesterday after the MP was sued by his wife for divorce.
Mr Nsanda said he had worked for his properties and had title deeds for the property he had acquired but was surprised to hear his former wife was claiming for the goods for which she was not a beneficiary.
“She found me with a house at Mass Media, she found me building a 20 roomed motel for my child Elizabeth because I did not want my children to suffer. I am surprised that today she is claiming properties she is never party to,” Mr Nsanda said.
He told Mr Mwananshiku that what his former wife was doing was criminal and would not let her benefit from things she had not built with him.
This was in a case in which Phebby Nsanda, 48, of house number 7660 Woodlands Extension Lusaka had sued her husband for divorce alleging that Mr Nsanda, 57, of house number 245, Zekoni Avenue, Itimpi Kitwe was causing marital disputes in their marriage.
Mr Mwananshiku granted Mrs Nsanda divorce and ordered that the MP shared half of his household goods and properties the two had acquired during their stay as a couple.
But Mr Nsanda said after the judgment was passed that he could not share his properties adding that if that were the case he would be forced to appeal to a higher court.
He accused his wife of having an affair with Ernest Mwamba an employee of the Citizens Economic Empowerment Commission (CEEC) an allegation Mrs Nsanda refuted. The MP doubted if the child the two had was his.
Mr Nsanda demanded that the court grants him permission to have both the child and parents undergo a DNA test to ascertain the father of the child.
“I want to be clear with the court’s ruling which is saying that I share the properties that I built and gotten deeds before I met this woman?
“If that is the case I want to appeal and who can help me to appeal,” he asked.
Mr Mwananshiku, however, reminded Mr Nsanda that it would be tantamount to contempt if the MP refused to share the properties with his wife.
He said the court had made its decision and if Mr Nsanda was not happy with the decision he had the right to appeal to a higher court.
The court also ordered Mr Nsanda to pay his former wife K20 million compensation in four months installments and provide a K500,000 child maintenance to the child the two had beginning this month.
“Honourable, your job is very respected so just go and pay what the court has ruled failure to which will be contempt. The laws that you make in Parliament have today tied you. These are the same laws that we the courts follow,” Mr Mwananshiku said.
He said there was no doubt the child Mr Nsanda had with his former wife was his and to that effect the MP should ensure the child received what was due to her.
On the court granting Mr Nsanda permission to have a DNA test, Mr Mwananshiku said it was not the duty of the court to grant such permission but it was a decision to be made by the couple.
During trial, Mrs Nsanda told the court that she wanted to divorce her husband because the MP was abusive in his language and had no respect for her as a wife.
She said trouble started after her uterus was removed and after she gave birth to Mr Nsanda’s child by Caesarean Section.
Mrs Nsanda said she started staying with Mr Nsanda in 2004 and the MP paid dowry for their marriage although it was not legally binding because they had not registered their matrimony.
Mrs Nsanda said her husband also accused her of receiving K1 billion from the ruling MMD to kill Mr Nsanda and the PF leader Michael Sata.
She said she was rightly married to Mr Nsanda because he even bought her a Mercedes Benz registration number ABE 8780 as a present after giving birth to a baby girl.
In cross-examination, Mrs Nsanda denied allegations that she started staying with Mr Nsanda because she had run out of money and her companies had collapsed.
Asked by Mr Nsanda if she did not have a charm, Mrs Nsanda responded in Bemba “Imwe ba Nsanda bushe nganalikwete ilomba ama newspaper yonse ngatayaumfwa nokulandikishya mulandikisha,” which when translated into English reads: “Mr Nsanda if I had a charm wouldn’t all the newspapers have heard as you are a loud mouth?”
Earlier Mr Nsanda publicly harassed Times of Zambia chief photographer Stephen Kapambwe when the photojournalist tried to get a picture of the MP outside the local court premises.
As Mr Nsanda was disembarking from his vehicle, Mr Kapambwe tried to capture the MP but he (Mr Nsanda) approached Mr Kapambwe and grabbed his camera demanding that he (Mr Kapambwe) deletes captured pictures.
Mr Nsanda asked for Mr Kapambwe’s identity, and the photographer produced his Press pass but the MP was not happy and took the Times employee to the messengers office where the camera was again confiscated by the court officials.
The MP told Mr Kapambwe that he had no right to take pictures of him and if continued he would sue him for violation of human rights.
[Times of Zambia]