Magistrate Viva Nyimba slaps guard 8-years jail term for impregnate boss’s daughter

The Blantyre Magistrates Court on Monday convicted and sentenced to eight years imprisonment with hard labour a security guard for impregnating his employer’s daughter.

Tony Rodgers Jaluwa 32, was arrested last month after it was discovered he defiled and impregnated his employer’s 11 years old daughter in Chilobwe township.

Jaluwa who was employed as guard by Lucy Sibakwe last year pleaded guilty to the offence of defilement contrary to Section 138 of the Penal Code.

Police prosecutor, Sub-inspector, Victor Nachuma told the court that Jaluwa started defiling the victim (name withheld) in October last year.

The matter came to light when the standard six girl got sick and was taken to the hospital where it was discovered she was 26 weeks pregnant.

The issue was reported to Chilobwe police who arrested Jaluwa on 21st February, 2015 before he was charged with defilement.

Sub-inspector, Nachuma asked the court to give out a stiffer punishment considering that cases of defilement were on increase.

”The court should consider that the victim’s future has been affected and being pregnant at her age is risky to her health,” Sub-inspector, Nachuma.

The prosecutor added that the girl was at risk of contracting sexually transmitted infections.

In mitigation, Jaluwa pleaded for leniency as he has a wife and five children to support

But Senior Resident Magistrate, Viva Nyimba convicted and sentenced Jaluwa to eight years imprisonment.

Jaluwa hails from Kanyandula village T/A Mabuka in Mulanje.

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56 thoughts on “Magistrate Viva Nyimba slaps guard 8-years jail term for impregnate boss’s daughter”

  1. EVERGREEN says:

    akati mlonda siwazibwana ayi,ndinjala ya usiku wonse mumati apange bwanji official?kudyeratu zikawonoka,mwina ola lotsatira mbava zikukhapa,bola kufa utadya.official kaseweze bola wawapatsa chidzukulu aboss)

  2. Jekete says:

    Zosakhala bwino kwa mwanayo, makolo ake komaso banja la mulondayo. Koma funso ndilakuti, imalowa bwanji mwamwanayu. Ndithu munthu wa dzaka 32 Ana asanu ndikumachinyira mkwingwirima wonse mpaka mutsindemu kubumbu lamwana onunkha mkodzo mpaka kuthira akuchita kubuulira nguluwe pamsampha? Ahh zachsoni kwambiri

  3. Mirella K says:

    Eeeeeeh koma mlonda mwana amamumva kukoma uyu

  4. Patrick Majoni says:

    Dzikoli lili ku malecheleche basi.Ndiye kuti imalowa bwinobwino mwanayo osavulala.Koma azibambo ena,mpaka kuvulira mwana.Akulu anzako amawaopa.Shit!14years.Akazi akowo ndikawatenga ineyo.

  5. kwata says:

    Such ages are so swit

  6. namwali says:

    Blame the guard not parents or the girl. whether he was a night or day guard, he could have regarded the girl as his own daughter.

  7. chatty man says:

    You are a wicked man! No sense of humour may God punish you according to your deeds!

  8. Sukutumpwelembwe says:

    Viva ! Viva nyimba

  9. iler says:

    Number 3,just read about a Sunderland player who is arrested for dating a 15yr old in UK. Its not about concerted sex. Its about age. In this case even if the girl may have concerted to the act, it is still defilement because the girl is 11. Ukamfunse Kaliati Marriage bill ndiye wadutsitsa kale.

  10. alex says:

    Shame on the parents 2!They hav 2 be blamed aswell,,,,4 crying out loud,How can an 11 year old girl be gallivating with a man old enough 2 be her own father all under their own noses.Makolo a mMipanda kukonda kusiila antchito zochita”got no time 4 their own kids,shame!!
    !

  11. ujeni says:

    Alhomwe akuthamanga kwambili pa Malawi. Alhomwe woyeee

  12. Tengupenya says:

    Gurad kudya ka mana ka zaka 11? Anakanyengerera motani? Nanga kodi mwanayo makolo ake amamulekerera kmasewera ndi a guard? Kadakula liti kamwanako?

  13. Tuntu says:

    Mwanayo amamumva kukoma mlondayo. Asiyeni akwatilane basi

  14. pastor Ernest wahiya the man of God says:

    The works of Devil is here so be careful my pipo

  15. ayaya says:

    8 years not enough send him to prison for life.

  16. El-jay1 says:

    Seriously? Only 8 years?? Why??

  17. J.J. Kaphulira says:

    O Loooooooord!!!! Malawi please change the law and castrate these animals in human body frame. all women organisations, Please lets launch a “Castrate all rapists campaign” and lets invest all our energies and resources until all rapists are castrated!!!!!!!!!!!!!!

  18. oPena majaji mmene amagamulilira milandu iiiiiiiii kaya,ngskhale nzeru za umunthu ine ndikuona ngati majajiiwa oalibe,inu munthuyo mukuti masiku 182 mimba,kodi masiku onsewa amamugwiliraa?

  19. Mngoni says:

    Society and its rotten morals! Life has totally degraded in these modern times, morals vanished in a twist, and human life is at stake for good, human being prey another humans!
    Athufe tikumangoonana ngati ndiwo basi, zomvetsa chisoni! But who needs to shoulder this whole blame?
    If the “Defilement” began in October as stated! Can someone tell me how was all this possible.?
    Seriously, I don’t know who is to blame here, the guard, the girl, the parents, the society, the morals, the freedoms or the lusty hearts!
    God help us to have our hearts and society cleansed of this terrifying sexual immorality in us today.

  20. Chims says:

    Ana alero living fast life.makolo alero tkusamala ntchto kwambiri kuposa moyo wa ana athu.mapeto ake ngozi

  21. zanga phee! says:

    alomwe alomwe nopiya!

  22. Senior Chief Timbiri says:

    Mwati anayamba kumudya mwana mu October nde pofika February u say mwana wapedzeka ndi mimba ya 26weeks mmmmm zovuta kumvetsa ndiye kuti mimbayo anaitenga asanayambe kudyana ndi mlondayo coz 26 weeks its 6 months and 2 weeks.

  23. MCP GVT says:

    I don’t think she is 11 indeed? How can a girl of that age hide the pregnancy for 26 weeks. Advice 2 parents, be mindful on how yo daughters dress. Mulonda akanapirira bwanji ngati kamwana kamango minura?

  24. ğyu says:

    Amalawi kukonda anchito amene mumangowazuza, mapeto ake nzimenezo

  25. Patriot says:

    Ukakhala osauka ndi choncho.
    Koma wadyamobe mwa abwanamo. Chidzukulu chikubwera ufune usafune.
    Ndipo tikamva kuti mwanayo wachotsa pathupi, bambo ake azamangidwe chifukwa chokupha mwana.

  26. golla says:

    Thus rape, it carries life sentence
    11yrs is minor and not in right sense of mind to consent

  27. yohane says:

    Blame the parents for not paying attention to the kids. Monitor the kids always be there for thembosamangoti busy all the time.

  28. mboba says:

    Anawa tiziwalangiza

  29. Mphwache says:

    This is what the MP’s in Parliament should be trying to stop, not legislating marriage. In my books sex with anyone (boy or girl) below 16 years should be punishable by not less than 15 years in prison. You have to take in the mental maturity of anyone less than 16 into the equation. THIS IS ONE IS MURDER (11 years), and should get atleast 30 years in prison.

  30. aDeaconsss says:

    Hardwick Mwenda do u hv children? I kno the ans is no. 11yrs is a minor and 32yrs is adult. Why did he not hv sex wit his felo adult? He took advantage of the ignorance of the child and vulnerability,. The child must’ve trusted him, first being the one protecting her n the family. He took advantage of that. He must hv also threatened her not to tell. Mind u guys wen u sleep wit a man fo the first time or even subsequent times u feel lots of pain. It is more pain than fun. She must hv being threatened to tell. Second u dont even understand wat has happened to u. So pliz dont judge the girl shiz a minor.

  31. bigman munthu waMulungu says:

    11yrs old, pregnancy! last days indeed.

  32. tsamba says:

    Hardwick Mwenda, you are stupid. The magistrate has applied the law. Any act of this nature done to a minor is an offence. A minor is perceived not to be a thinker like an adult. Thats what the law says. So please do not comment on things you do not know. Otherwise you expose your ignorance. Bravo my fellow learned man. Viva. Although I think you should have given him 10 years.

    Iwe mulonda mahule tonsefe sukutiona?

  33. MBC says:

    Viva you cud have slapped him with 14 years or life imprisonment. Remember you recently gave this robber 14 years? This to me this case is equally serious.

  34. Anthuni mwangofika panyama basi? koma Ambuye adzitichitila chifundo. Banja la ana five si nsinkhu wa kamwana kako kachiwili?

  35. Kalizalizard says:

    In such a situation let her abort. Fistula is likely to develop during labour, @ 11 yrs being pregnant?

  36. MBC says:

    Hardwick Mwenda! Are you serious or you’re just jocking? If you’re joking you’ve misplaced your joke because this is a serious matter and if you’re serious about your comment am sure something is wrong with your reasoning.

  37. Obanda says:

    Having sexual intercourse wth a minor whether she agrees or not is a defilement and its an offence,and than Man deserves even stiffer punishment. And the Parents are so careless wth their children,there’s no way a girl can be pregnant up to 5 good mnths wtht noticing her REALLY!!??

  38. berha says:

    Was the guard being paid and paid enough? If not then he invented his own extra employment benefits by having the girl as a girlfriend tu Kaya! !!!!!!!!

  39. opportunist says:

    Palibe nkhani apa

  40. berha says:

    Koma a judiciary muganizireni viva nyimba he is one of the longest serving and experienced lawyers ndiye you give him kaudindo kakang’ono ka senior resident magistrate no no no guys mpaseni
    u judge munthu wamkulu uyu

  41. manunkha says:

    Hardwick Mwenda (comment 3), u r so stupid. Ur head cannot understand reality. But i am not here to argue with a fool. Anyway, about the issue, Viva should have given this animal a more stiffer punishment. 8 years is not enough. I wld prefer life sentence. An 11 year old is as innocent. She cant make independent decisions. We have kids in our houses and we see how they grow. We need to protect our children and this guard was employed to do just that. He abused his position by defiling the very person he is employed to protect. Life imprisonment would have been the best punishment

  42. pj says:

    Osangomunyonga bwanji. We are tired of such acts.

  43. Chitseko says:

    Six weeks pregnant?couldn’t they abort in time?

  44. Chemtukanika says:

    Ana mmwe a Jaduwa,usawi chichi?Bwanji sumafunsira mayi akewo?Demeti jenu mmwe a chisilu.

  45. Comrade Wellington says:

    Akanakhala mwana wa munthu wamba akanamangidwanso dzaka ngati zimenezi…kapena ampatsa dzaka zimenezi chifukwa choti ndi mwana wa abwana?
    Nthawi yonseyi mai amwanayi anali kuti?
    Mwanayo ndi dzaka zomwe alinazo, nkhaniyi njochititsa manyazi kwa makolo komanso njochititsa chiophyezo kwa mwanayo ndi ana ena ali ngatinso mwana ameneyu. Alipo ana ambiri omwe nkhani ngati izi zikuwachitikira mdziko muno. Ana ena akumagonedwa ngakhale ndi bambo awo kumene koma amai awo saakumanena koma akuziwa ndithu. Choonde anthu opanda chidwi ndi ana anu inu ngati mai amwana uyu, nanunso mukalangidwa kumwamba chifukwa chosaika chidwi pa mphatso yomwe Chauta wakupatsani. Samalani. Tsono apa chawawa makolo si mimba yokhayo, koma kuti `Guard kupereka mimba kwa mwana wa abwana?’ Zawachititsa manyazi makolowo.., ayaluka!

  46. chefourpence says:

    kkkkkkkkkk mlomwe wautsiru! Kunyenga mwana wa mtumbuka mpaka mimba? Wamupanga quota? Ana ako anyengedwanso iwe ukunyengedwa ndi akaidi kumeneko! Akazokonso anyengedwa kolapitsa! Ufa imfa yowawa munthu wankhanza iwe. Mahule onsewa mpakana mwana wa 11 years? Mwanapwa!

  47. mwiithotho says:

    Kodi Mwenda, kwanu ndi ku ‘KWINU’ ku kanya eti?

  48. chaka says:

    parents,,,komanso man anawonjeza,32/11

  49. Yusuf says:

    Hardiwick Mwenda (comment #3) doesnt understand the concept of defilement. He belives if an 11 year old agrees to sex with a 32 year old its okay. Goes on to say “the girl should also be punished”.

    What a moron.

  50. Mac says:

    Imadya pamene aimangirira

  51. Don’t just look to the convict side only, the girl also played a major part, reaching an extent of six months pregnant! What was happening during the entire five months before being discovered? Makolo amangowona mwana a kunenepa basi? Surely this girl must have had sex with the convict not only once and for a guard to reach an extent of impregnating mwana wa a bwana means something somewhere went a miss. Either the impregnated kid is of bad behaviour or her parents are poor counsellours. This is an agreed act not defilement and the judgement is not fair, the girl also needs to be punished. Sense of reason through eclons of justice should be applied not just doing it for the sake of being famous in handing stiffer penaties.

    1. Guley says:

      Next time a five year old in ur family agrers to have sex with a man, I hope you will hold the same views of concentual sex not defilement

    2. Anjiba Tomali says:

      Blaming the parents and a girl just shows hw immoral you r.A person of more than 30 yrs should have known that a 11 yrs girl is to young for her .this means He has no Spirit at all.This is improper and immoral.Imagine it was your daughter,hw cud u feel

  52. moya says:

    11 years old? Surely the girls age needs to be independently verified. It would be a sad situation if indeed she is that young and more stiff penalty is needed. where were the parents not to notice the child was having a sexual affair?

  53. Nambewe says:

    Shame on u! How cud u break the virginity of an innocent girl and impregnating her? God will punish u! I hate u so much! And i pity the girl, z she going to persevere the birth pangs? Lord have mercy on her.

    1. Jimmy juga says:

      Izi zikuoneka zinali zogwilizana. Mwana ndi guard koma mwana ameneyi amakhala ndi makolo ake? Kapena kanali kotailila makolo anatopa naye.26 osadziwa kuti mwana ali ndi mimba.si guard yekha zangowanyansa kuti mpakana ndi guard wawo yemwe. Guard amayenela chilango, koma zogwilizana mpakana 8yrs kumposa mayi namathanga . Makolo amwanayo akanalangidwanso.

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