Wednesday, May 7, 2025

Kapiri men found with case to answer for homosexuality

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James Mwape one of the suspect allegedly involved in a homosexual relationship entering the court room in Kapiri Mposhi
James Mwape one of the suspects allegedly involved in a
homosexual relationship entering the court room in Kapiri Mposhi

The Kapiri Mposhi Magistrate Court, has found the two men of Kapiri Mposhi district accused of practicing homosexuality with a case to answer and subsequently put them on their defence.

Kabwe Principal Resident Magistrate, John Mbuzi stated that the prosecution had established a prima facie case against the accused persons on all the four counts.

Before Magistrate Mbuzi was Philip Mubiana and James Mwape both aged 21 of Ndeke compound in Kapiri Mposhi who are charged with two counts each for having sex against the order of nature contrary to Section 155(a) and (c) of the Penal Code Cap 87 of the laws of Zambia as read together with Act No. 15 of 2005.

Particulars of the offence in count one are that Philip Mubiana on dates unknown but between April 11 and 25, 2013 did permit a male person named James Mwape to have canal knowledge of him against the order of nature.

In count two the particulars of the offence are that James Mwape on unknown dates but between April 11 and 25, 2013 did permit a male person namely Philip Mubiana to have canal knowledge of him against the order of nature.

And in the third count, particulars of the offence are that James Mwape on May 5, 2013 had canal knowledge of Philip Mubiana against the order of nature.

And in count four, the particulars are that Philip Mubiana on May 5, 2013 did permit James Mwape to have canal knowledge of him against the order of nature.

Magistrate Mbuzi who also referred to the case of people Vs Kombe Joseph Champako said sodomy was a felony and any person found liable of committing the offence faces not less than 15 years imprisonment or to life upon conviction.

Magistrate Mbuzi said according to evidence adduced from the state witnesses the two accused persons admitted to have been married and staying as man and woman.

Further evidence from the medical examiners from Kapiri Mposhi District Hospital where the two accused were taken on two separate occasions proved consistent with the allegations that the two accused were involved in sodomy.

The state called up eight witnesses in this matter.

The two accused persons are being represented by SNB Legal Practitioners of Lusaka.

“Based on this evidence I therefore hold the view that the prosecution has established a prima facie case against both accused persons and I hold a further view that any court properly directed could convict the accused if they offered no explanation consequently I find the duo with a case to answer on all counts as charged and I now place them on their defence,” Magistrate Mbuzi said.

Magistrate Mbuzi adjourned the matter to May 13, 2014 and April 9, 2014 for mention and commencement of defence respectively.

The accused persons are remanded in custody.

30 COMMENTS

    • Do they have parents those boys?
      Worse part is that those who such dirty acts for ritual, like Kabimba, Mmembe, are never arrested.

    • @Mushota give me your father’s or brother’s phone number, I know someone who can do them from behind. Then you will understand why these boys are in court.

    • same sex sexing or same sex marriage is against the laws of Zambia just like marrying more than one woman is against the laws of most western countries,,, one can be jailed,,,

  1. I love my dogs. I hate these undefined living organisms who are lower than dogs. I think animals have rights right?
    But what about these miscreants who are lower than animals? should they have rights too? I think not

  2. you just have to accept that these guys’s condition is an abnormality.its god to blame.for a guy who is screwed,i have observed that all have one thing in common,they are geneticaly female and you sexually expect them to behave soin short they are as any disabled person

    • I almost rebuked you but when i read thru again i found out that you blame god and not my GOD for that unnatural act. I dont know which god you blame though…. i end here………

  3. So a Bemba (Mwape) s-cre-we-d a Lozi fella (Mubiana) in the a-n-us! Ba Mwape wesu mwapowa noku powa mu ma-ta-ko ya mwaume? Anyway such things do not bother me especially if the two chaps consented. Its really non of my business.

    • It looks like they took turns at being the man. If you look at the four counts you will see that the Lozi and Bemba fella take turns at being screwed by the other and vice versa. This is an abomination.

  4. So,…. What’s the update on Ruth mbandu’s case…?

    And the Taxi Drivers who have been killed?! Any leads…?! Ba ZP will just specialise in nabbing gays??!

  5. Who paid for the legal fees? Obviously from a kantlee that is promoting sex against the natural eorder. Ba Uganda, Ba Zimbabwe well done!

  6. Mwape and Mubiana go to the Dutch Embassy and apply for Asylum! The Nethearlands is giving permits to gays in Uganda, am sure you fall in the same category, can some activists on this blog pass it on to these lads?

  7. I am wondering what is happening with anal s.e.x between heterosexuals? Are you guys going to check bedrooms and bring those to book as well? Just in case – huh?

    • Good observations, and with the proximity of the two entry points, many will be charged for entering the ‘wrong’ hole.

  8. Have these young men damaged your property? Have they hurt your family? Have they caused your studies or your business to suffer?

    No. Who they are and what they do has nothing to do with your life.

    You may not agree with them, but the fact remains that they cause you no harm.

    There are many homosexuals in Zambia. In Lusaka alone, I personally know at least 200. These are average individuals, with typical stable lives: they take care of their families, they go to work and church, on Saturday you might find them at the pub watching football with their buddies.

    They really are no different from you.

    You interact with them on a daily basis. Some of them can even be your best friends, your brothers or sisters, or your children.

    Think critically about why we hate…

  9. Aisha ba Malambo you are very right. I am almost thinking you are a member of the club. Seriously, how do these fellas affect you life come to think of it. let them play with faeces that’s what they want.

  10. zambians, always on the wrong end of the court. mind your own and stop chasing down individuals who have caused no personal harm to you. if you want to bring up God in this, i will remind that God didnt give you any form of authority to judge. mind your own and do your duty as a christian which is to love your neighbor as you love yourself, which i have to mention God did not specify what kind of neighbor. Get real people

  11. ” Particulars of the offence in count one are that Philip Mubiana on dates unknown but between April 11 and 25, 2013 did permit a male person named James Mwape to have canal knowledge of him against the order of nature. “

    Sounds like consenting sex between adults. As long as there is no coercion involved.

    Also, if they are convicted, I would say thatArticle 23 of the Zambian Constitution of 1996 would provide grounds for appeal.

  12. 23. [Protection from discrimination on the ground of race,etc.]

    (1) Subject to clauses (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

    (2) Subject to clauses (6), (7) and (8), no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

    (3) In this Article the expression “discriminatory” mean, affording different treatment to different persons attributable, wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, marital status, political opinions colour or creed whereby persons of one such description are subjected to disabilities or restrictions to…

  13. Mushota! Before I can answer you on wht wrong they have done. Plz do us a favour by answering why the accused in picture above are hiding their faces. When you answer I wil be kind to explain what wrong they have done

  14. What is wrong with that. I do it all the time here in Solwezi with handsome white guys. That is discriminatory. WE WILL CONTINUE ANYWAY..COME AND GET US!!

  15. @Janice Malambo I actually also know many including you, yourself, iwe. The problem you don’t see (because you are spiritually blind) is that they defile the land. When they (you) defile the land they/you harm me/us.

    • Koswe, can you be more specific? What does it mean to “defile the land”?

      In my opinion, what “defiles the land” are actions that cause physical and emotional pain and suffering. Murder, rape, child abuse, theft, corrupt politics. These things cause physical and emotional suffering.

      Gay people minding their own business does not cause me any suffering. Can you tell me how it causes you suffering? Have your legs been broken by gay people minding their own business? Is your property damaged by gay people living their lives? Are you unemployed because of gay people?

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