The Lusaka High Court has sentenced two domestic workers to 15 years in prison for manslaughter after they failed to disclose that their employer’s two-year-old son had swallowed a button battery, which ultimately led to his death.
Namoonga Masenge, 38, of Old Kanyama Compound, and Lina Musonda Chibuye, 45, of Ng’ombe Township, were convicted of unlawfully causing the death of Andrew Miyoba on May 25, 2020.
According to court proceedings, the child’s mother, Miyanda Miyoba, testified that she left her son in the care of the two maids on May 18, 2020. Upon returning home that evening, she noticed a strong smell of vomit and observed that her son was unwell. When questioned, Masenge claimed the smell was from yogurt.
Concerned about his condition, the parents took the child to two hospitals, where he was initially diagnosed with flu. However, his health deteriorated, leading to his hospitalization for three days. After his discharge, his condition worsened again, and he was rushed to the hospital, where he died.
A postmortem examination revealed that a button battery was lodged in the child’s trachea, contradicting the initial flu diagnosis. Further investigations revealed that the maids had witnessed the child swallowing the object but failed to report it, fearing they would lose their jobs.
High Court Judge Mwila Kombe ruled that the accused had a duty of care toward the child but failed to act, leading to his death. The court found that they knowingly concealed the incident, constituting gross negligence.
“The accused persons valued their jobs more than the life of a young child left in their care,” Judge Kombe stated, adding that their omission directly resulted in the child’s death.
The court sentenced both Masenge and Chibuye to 15 years of simple imprisonment, effective from their date of arrest on August 3, 2020.
