By Lena Banda

Zambia MMD vice-president Michael Kaingu’s daughter, Iris, was last Thursday convicted by the Lusaka Magistrate Court for creating a sexually obscene video. It is alleged that on dates unknown but between December 1, 2010 and November, 2011 in Lusaka, Ms. Kaingu consensually had sex with a man whose name remains unknown.

Magistrate Prince Mwiinga has found Ms. Kaingu guilty and has charged her with one count of deliberate production of obscene cinematography. Magistrate Mwiinga has however reserved sentencing to this Thursday, October 25. Ms. Kaingu has since been denied bail and remains in custody until Thursday. The 20-year old former Zambia Centre for Accountancy Studies student, is destined for Lusaka Central Prison, commonly known as “Chimbokaila.”

Iris going through the Lusaka Central Prison gates

Along with a male partner, Ms. Kaingu appeared in a 16-minute pornographic video that was broadly disseminated through the internet in 2011. As a result, Ms. Kaingu alone was expelled from ZCAS and was consequently charged with the offence of making obscene material “tending to corrupt morals.” Ms. Kaingu has denied the allegation and said she had no intention of corrupting morals. It is reported that the Magistrate said he was convicting Ms. Kaingu because the sex video in question was likely to corrupt morals of people who were likely to watch it. The magistrate said he had viewed the video and had no doubt that the woman seen in the video was Ms. Kaingu and that she was aware of the recording.

“I was occasioned to view the video in camera and I saw a woman who was completely naked with a man whose image was not properly seen. There was sexual intercourse between two adults, a male and female. It paused at some point but later resumed while songs were being played during the sexual encounter. The woman showed her face in a manner which clearly demonstrated that she was aware about the recording and at the end of the video the woman’s image was clear and that woman is the accused,” Mr. Mwiinga said.

He said he found everything wrong in two adult persons recording a video while having sexual intercourse. Ms. Kaingu’s lawyer, Christopher Mundia petitioned court to implement mercy because the former student had suffered much jibes and ridicule after the video’s massive publicity. After her conviction, Mr Mundia appealed to have his client released on bail pending sentencing, but Mr. Mwiinga denied the appeal.
Presently, Ms. Kaingu is being held at Lusaka Central Prison awaiting sentencing on October 25, 2012.

As a Zambian and a woman, I am appalled that out of two people involved in the manufacturing of the video, one  is being castigated while the other is free. It is alleged that because the man in the video pleaded guilty, he was only fined K10,000,000 ($2000.00). But, because Ms. Kaingu continues to plead not guilty, she is facing ruthless and unmerited judgment. The Zambian government states vehemently their opposition on corruption, yet they are punishing a woman who had no intensions of publicizing a personal video. All the while, the man is free; his name is not once mentioned in the media.

In October 2012, a twenty-four year old man of Lusaka’s Kanyama compound had his left ear sliced after being severely hit with an iron bar by his Chinese employer of China Jiangxi Corporation Limited. In February 2012, 68-year Dutch engineer Evrt jan Wolf, was charged with indecent assault and defilement as he is believed to have been forcing girls to have sex with his dog. Today, these men are free!

The Zambian judicial system is corrupt! If the allegations are punishable, the man involved in the sex video must be brought to trial and receive equal punishment, especially because the two had consensual sex. Iris Kaingu is facing gender based violence and she must be vindicated!

I understand there are many people who highly disagree with me but I also believe there’s room for common ground. Justice is the quality of being fair and reasonable; the system was unfair and unreasonable in the case of Ms. Kaingu. I admit I don’t know what the Zambian Law states about pornography but I know that the video was not intended for public presentation. This matter does directly affect me! I may not be Iris Kaingu but I am a woman. I refuse to remain mum until justice prevails; not mercy, not generosity but justice! And there is a fundamental distinction between the two! The moral worth of an action is determined by its outcome! I don’t know the consequences of many crimes in Zambia but I am sure one does not plead guilty of a pornography crime and walk away free by paying K10,000,000.00 ($2000.00).

Zambia is a nation of the proud and free, a land of work and joy in unity. Let us not allow Iris Kaingu to struggle for her rights as a woman. Let’s write, speak, sing and shout about it. Together, our voices will be thunderous enough to influence the petition to free Iris Kaingu. Join me! Let justice prevail!

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2 Responses

  1. Michelle Spice

    I agree let justice prevail! Free up the sistah! It is her right with whom she wants to have sexual intercourse with.

    I am quite sure she was set up! The is still very outrageous and is most wasteful of taxpayers dollars. Please let this sistah go free and concentrate on real criminals..

    This happened two years ago stop victimizing her and let her go free. There are violent act that Afrika should be concentrating the justice system on..

    Reply
  2. Defender

    Tending to corrupt what morals contrary to the laws of Zambia? What Iris did was not wrong as she is just a normal young 21 year old female and at that age she is in love and with her boyfriend. Why judge her yet there are child molesters or child defilers out there who we don’t prosecute yet we are targeting her. If we can’t even charge, warn or imprison ministers who savagely beat their wives then what is this? Tell me exactly what she did wrong? It was a video of and for two young adults that was not meant for sale or profit. For all we know, it could have been leaked by some spiteful person just to embarrass or get back at her.

    Pornographic videos are those that are made for monetary gain and things such as licenses, rules and laws are involved. What about married couple who make videos in the privacy of their bedrooms? If someone broke in their home and got a copy of a video and distributed it then what? Let’s concentrating on building the Zambian economy and stop ruining peoples lives. What good are we doing by expelling her fom school? What good is that for Zambia when you need to educate your youth. Stop using this young lady to hurt or get back at others.

    Defender.

    Reply

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