Friday, June 14, 2024

Kapiri ‘Homosexual Couple’ set free, State failed to prove the case beyond any reasonable doubt


Acquitted James Mwape with a  relative outside court
Acquitted James Mwape with a relative outside court

Kabwe Principle Resident Magistrate, John Mbuzi has acquitted two men of Kapiri Mposhi district on charges of practicing homosexuality.

In his judgment today, Magistrate Mbuzi ruled that the prosecution failed to prove the case beyond any reasonable doubt from evidence adduced from its witnesses to secure a conviction.

The case carries minimum of 15 years to life if convicted.

Philip Mubiana, a hair dresser and James Mwape, a bricklayer of Ndeke and Soweto compounds , respectively, were appearing in Kapiri Mposhi Magistrates Court each charged with two counts of committing unnatural offences contrary to section 155 (a) and (c) of the penal code chapter 87 of the laws of Zambia as read with amended Act number 15 of 2005.

It was alleged that the duo on unknown dates but between 11 and 25 April 2013 and 5th May 2013 in Kapiri Mposhi had canal knowledge of each other against the order of nature and were living as man and wife.

Mubiana and Mwape were being represented by Sunday Nkonde-SC of SNB legal Practitioners of Lusaka after.

In the case that has taken over a year now, the prosecution called up eight witnesses among them Dr. Andrea Bandula and Melody Luhanga, a medical licentiate from Kapiri Mposhi District Hospital who separately carried out physical investigations on the two suspects.

The defense called up only one witness, Dr. Lalick Banda, a Sexual Assault Forensic Expert at the University Teaching Hospital (UTH) after the accused were found with a case to answer and put on their defense in March 2014.

Delivering judgment in a fully packed court room today, Magistrate Mbuzi stated that according to the evidence adduced from the state witnesses, the accused were not found in a sexual act when they were apprehended.
Magistrate Mbuzi further observed that the evidence brought before court that the two expert state witnesses only conducted physical examinations was not enough to prove the involvement of the two accused persons in a sexual act.

The magistrate ruled that there was need for DNA forensic investigations on the two to prove penetration and ascertain their involvement in a sexual act.

He said although same sex and sodomy was a taboo in the Zambian culture and the Bible, the proof of penetration in this matter was essential.

In their testimony on their findings, expert state witnesses Dr. Andrea Bandula and Melody Luhanga admitted that they had not carried out DNA forensic tests but only conducted physical examinations on the accused persons because of the lapse in the 72 hour time when the two suspects were presented to them by the police.

According to the physical examination findings by the two medical personnel Mubiana was found with anal warts and dilation of his anal pipe while Mwape presented with bruises on his manhood.

Magistrate Mbuzi however ruled that there were also other conditions such as constipation and compromised immunity that can cause the physical examination findings on the two suspects.

“It would be incorrect to infer that the examination findings and conditions presented by the suspects after physical investigations were entirely caused by sexual contact noting that forensic DNA examination was relevant to the process of determining the involvement of the accused persons in a sexual act … I therefore acquit the accused persons on all counts,” Magistrate Mbuzi decreed.

Germany ambassador to Zambia, Bernd Finke witnessed the judgment but refused to give interviews to the media about the outcome of the case and immediately jumped into his car and sped off.

European Union (EU) head of cooperation, Aad Biesebroek and United States embassy representative Mark Padat also witnessed the judgment.

Philip Mubiana  in the middle in a black t-shirt  with her grandmother outside court after  his acquittal
Philip Mubiana in the middle in a black t-shirt with his grandmother outside court after his acquittal
Germany Ambassador to Zambia  Bernd  Finke  to part of youths  who  had  displayed  placards  denouncing  homosexuality outside Kapiri mposhi court
Germany Ambassador to Zambia Bernd Finke talks to some of the youths who had displayed placards denouncing homosexuality outside Kapiri mposhi court
 EU  Head of Cooperation  Aa Biesebroek  talking to reports  before judgment was passed in a case  in which two  men were accused of practising homosexuality
EU Head of Cooperation Aa Biesebroek talking to reporters before judgment was passed in a case in which two men were accused of practising homosexuality


  1. Hahahaha this is strange………..Ths is fake ruling. Its becoz of those emassy Officials who went to Kapiri.

    Next time dont ****your asses otherwise will Jail u for life. Praise the Albinos or u call them Bazunguz for rescuing u……..

  2. Justice at last !!! Now this has made my day.They surely hurt no one.They were just two consenting adults doing what the majority of the populations finds disgusting.But who gave a standard of what is normal and what is not ? I personally love pu**sy but i can`t make it my business to persecute anyone who doesn’t live his or her life like mine as long as what they do doesn`t affect me.

    • Yes its their own business what they decide to do as long as I don’t see what and how they do it.Each one to his own.

    • I don’t like homosexuals and I will never approve the practice but putting them in jail for it is not a solution either.They need our love.They are people with feelings like us only difference is that they prefer to deep it in a sewerage system and that can never be a basis for us to persecute them.Go home gentlemen and enjoy your behinds the whole night.

    • Tomorrow is Brazil vs Columbia… my woman asked me to buy assorted body-colors paint from stationery store. I can’t wait for surprise I will get tomorrow… Thank God it will be weekend!!! The other week she painted red on the left one and the right one green!! Mwati naliitamba bola
      @Cynthia … What about you?

    • Gay-related immune deficiency (GRID) was the name first proposed in 1982 to describe an “unexpected cluster of cases”[1] of what is now known as AIDS,[2] after public health scientists noticed clusters of Kaposi’s sarcoma and pneumocystis pneumonia among gay males in Southern California and New York City.[1]During the early history of AIDS, when it was considered a disease of homosexual men, at least one physician suggested that male homosexuals reconsider the practice of engaging in anonymous sex.[3]

    • An ad hoc organization called Gay Men’s Health Crisis was founded to combat what appeared to be a homosexual-only disease produced by sexual promiscuity or the use of intravenous drugs or poppers. Soon after, clusters of Kaposi’s sarcoma and Pneumocystis pneumonia were also reported among Haitians recently entering the United States[4] and hemophiliacs, among female sexual partners of AIDS patients, and among blood transfusion recipients with no other obvious risk factors.

    • The term AIDS (for acquired immune deficiency syndrome) was proposed later in 1982[5] by researchers concerned with the accuracy of the disease’s name. In this new name, scientists were supported by political figures who realized that the term “gay-related” did not fully encompass the demographics of the disease. On April 23, 1984, the U.S. Department of Health and Human Services Secretary announced at a press conference that the probable cause of AIDS had been discovered: the retrovirus that was subsequently named human immunodeficiency virus or HIV in 1986.Wikipedia

  3. Where is Nostradamus!!! @Nostradamus,,,a mixture of strange and good things are now happening in Zambia,,,, homosexuals are now free in Zambia,,,,,,, and opposition parties are free and now winning majors cases.,,,,,,,,, this is all happening during the acting career of Bwana KABIMBA,,,,,, THE MOST HATE minister in the Zambian past, the present and the future,,,,,,, and most loved minister, Given Lubinda, sidelined,,,, the most popular minister GBM, sideline and on trial,,,,,,,,mathematical or otherwise,,, kabimba cant be president,,, but magically kabimba is ,,,, just maybe he is the man to lead Zambia to another promised land

    • @ndobo you raise an interesting point. That under Kabimba’s watch these gays are freed. Direct influence their fellow gay at the Post. Since when have foreign dignataries witnessed cases in Zambia? What about when journalists are in and out of court and other local injustices? No sign of the German, American or EU reps.

    • @Ndobo, why are you calling me to come and comment of ubuchende bwa baume. The other guy I heard who used to do such was the Lozi guy… what is his name, the friend of Kabimba… the managing director of the Post, what is his name again???

    • Gay and bisexual men are more severely affected by HIV than any other group in the United States.Among all gay and bisexual men, black/African American gay and bisexual men bear a disproportionate burden of HIV.From 2008 to 2010, HIV infections among young black/African American gay and bisexual men increased 20%.

    • Gay, bisexual, and other men who have sex with men (MSM)a represent approximately 2% of the United States population, yet are the population most severely affected by HIV. In 2010, young gay and bisexual men (aged 13-24 years) accounted for 72% of new HIV infections among all persons aged 13 to 24, and 30% of new infections among all gay and bisexual men.

    • At the end of 2010, an estimated 489,121 (56%) persons living with an HIV diagnosis in the United States were gay and bisexual men, or gay and bisexual men who also inject drugs.In 2010, gay and bisexual men accounted for 63% of estimated new HIV infections in the United States and 78% of infections among all newly infected men.

    • From 2008 to 2010, new HIV infections increased 22% among young (aged 13-24) gay and bisexual men and 12% among gay and bisexual men overall.
      Among all gay and bisexual men, white gay and bisexual men accounted for 11,200 (38%) estimated new HIV infections in 2010.

    • The largest number of new infections among white gay and bisexual men (3,300; 29%) occurred in those aged 25 to 34.Among all gay and bisexual men, black/African American gay and bisexual men accounted for 10,600 (36%) estimated new HIV infections in 2010.

    • The largest number of new infections among black/African American gay and bisexual men (4,800; 45%) occurred in those aged 13 to 24. From 2008 to 2010 new infections increased 20% among young black/African American gay and bisexual men aged 13 to 24.

    • The largest number of new infections among Hispanic/Latino gay and bisexual men (3,300; 39%) occurred in those aged 25 to 34.In 2011, in the United States, gay and bisexual men accounted for 79% of 38,825 estimated HIV diagnoses among all males aged 13 years and older and 62% of 49,273 estimated diagnoses among all persons receiving an HIV diagnosis that year.

    • At the end of 2010, of the estimated 872,990 persons living with an HIV diagnosis, 440,408 (50%) were gay and bisexual men. Forty-seven percent of gay and bisexual men living with an HIV diagnosis were white, 31% were black/African American, and 19% were Hispanic/Latino.

    • In 2011, gay and bisexual men accounted for 52% of estimated AIDS diagnoses among all adults and adolescents in the United States. Of the estimated 16,694 AIDS diagnoses among gay and bisexual men, 39% were in blacks/African Americans; 34% were in whites; and 23% were in Hispanics/Latinos.

    • By the end of 2010, an estimated 302,148 gay and bisexual men with an AIDS diagnosis had died in the United States since the beginning of the epidemic, representing 48% of all deaths of persons with AIDS. cdc dot gov search under homosexuals.

    • iwe naiwe abanobe nabakwata nensundu pamatako iwe ati iyo. sex teyakukonkelela. umuntu alinga ukukanyako ati apo tepo!

    • Prevention Challenges. The large percentage of gay and bisexual men living with HIV means that, as a group, gay and bisexual men have an increased chance of being exposed to HIV. Results of HIV testing conducted in 20 cities as part of the National HIV Behavioral Surveillance System (NHBS) indicated that 18% of gay and bisexual men tested in 2011 had HIV and that HIV prevalence increased with increasing age.

    • Many gay and bisexual men with HIV are unaware they have it. Even though the NHBS study showed that the overall percentage of gay and bisexual men with HIV who knew of their HIV infection increased from 56% in 2008 to 66% in 2011, there were still many who did not know they had HIV. Among those infected, only 49% of young gay and bisexual men aged 18 to 24 years knew of their infection, whereas 76% of those aged 40 and older were aware of their HIV infection.

    • Fifty-four percent of black/African American gay and bisexual men knew of their infection, compared with 63% of Hispanic/Latino gay and bisexual men and 86% of white gay and bisexual men. People who don’t know they have HIV cannot get the medicines they need to stay healthy and may infect others without knowing it.

  4. It was about time.I find it difficult to either defend homosexuals or not because I don’t just understand how a man can go for a fellow man.And because I don’t understand I prefer not to pass judgment on them because I can only judge on things I understand.

  5. It’s good that they released. They should not have been imprisoned in the first place. Let the homosexuals do what they want – they are eccentric, but they are not causing problems. Our police and courts need to focus on capturing real criminals and real trouble-makers.

    • Gay men are at increased risk for sexually transmitted diseases (STDs), like syphilis, gonorrhea, and chlamydia, and CDC recommends that all sexually active gay and bisexual be tested at least annually for these infections and obtain treatment, if necessary

    • That is being overtly racist. You are the one who should have been in the Dock in the first place instead of those guys. I’m glad that on this blog there are very few homophobs. It shows that the laws on our books are outdated and should be done away with. What two consenting adults do in their bedrooms is non of anybody’s business. What corrupt politicians do with my resources in definitely my business. We should round up all those fat alberts who are stealing our money in the name of being Ministers and lock them for 15 years instead of these poor souls who did nothing. Just because a Pombozi or Buju does not like you does not make you a criminal. Hats off to the Magistrate for this very important ruling.

  6. This should never have gone to court a waste of tax payers money. It probably now sets a precedent for future cases. They was no way the prosecution could prove without doubt that the said events took place…no evidence. And that is the problem with things taking place in the bedroom how do you prove them? This makes the current law impotent and ineffective and hence they is no reason for it to exist. They should get rid of it and simply state that what happens between adults in the bedroom is none of the states business or anyone else for that matter.

  7. Fargots are disgusting pieces of scum. I’m sure they’ll soon perform this perverse, disgusting unnatural act with penetration in public at the market so that the judge can send them back to their annal prison paradise. Those 2 are lower than swiyne and dogs. Dirty fargot pigs spreading disease

    • Yes, kudos. Your time will come to be properly judged by God who sees the darkness in your heart which makes you write the way you do. From his heart a man speaketh, says the Bible. Find the Chapter and verse, maybe that will make you touch the Bible.

      Let the two repent. They need help. Christians in Kapiri, present yourselves as soldiers of the cross. Do not go with condemnation because you will be condemning yourselves. Remember, we Christians are just forgiven sinners.

  8. Sin is sin no matter how it can justified. God did not create Adam and Adam, and so there you have it. My two friends must repent for good

    • Those two gentlemen were not taken to court for committing sin. They were taken to court for committing a crime that does not exist. If it were for sin then even you limpo should be in jail because every day you are committing sin. Just count how many sins you have committed before posting your contribution, you will find that you should have been in Prison ten folds. You need to understand that while every crime is a sin, not every sin is a crime. Those guys would have committed no crime even if they had done it, but they would have sinned. Just like you would have committed no crime by bonking your Girlfriend but you would have sinned.

  9. I dont know what is happening to our courts there in Zambia. How can those chaps be aquited? How. Blasting each others anus should not be allowed. What those fellas will start doing soon if left loose like that is hammering every chap’s bum the find around. Anyway, I know our security personnel will be monitoring those as.s blasters. Mark them closely please before they go on a bum blasting rampage. Please watch them. How can some be found with anal warts or have bruises on his manhood and be aquited? Those are hard core homos. I wish our country could pass the Uganda laws concerning those bum blasters. Those are dangerous animals misquarading as human youlths. Deadly.

  10. “Philip Mubiana in the middle in a black t-shirt with her grandmother outside court after his acquittal” Hmm ba LT amaseting you even referred to him as “her” in the picture caption.Ki ki ki.

  11. Wow speechless ,free at last ,viva to all gays lesbians bisexuals n transgenders ,you will always be the last happy one *abash to homophobes

  12. uhhmmmm,I smell a rat here,how come all them white fox up in this case and they been acquitted??strange,,!!

  13. Homosexuality is natural. Nature clearly shows us this with thousands of species. If you do not like the thought of homosexuality then DO NOT BE GAY, it’s simple. You people cannot dictate how other people live their lives. LGBT aren’t seeking special rights, they only want EQUAL RIGHTS. No matter how many gay people you murder with your disgusting bigotry, there will ALWAYS be homosexuals.People are born this way. Stop the hate, and educate yourselves. Can’t you see that religion is a poisoning control tactic? The world would be a better place without it. Open your eyes, you *****ic fúcks.?

    • You have great points here, except that we do not murder homos here in Zed. Also, no homos are denied any rights. They vote, adopt and go for vct with no hindrances.
      The trouble I see is that they want to walk into an office and the first think out of their mouth is “I’m gay and I need a job/service”. And if it does not go in their favor, they call it human rights abuse.
      What equal right do they want, what are they denied?


  14. Yaba, German, EU and USA. WTF. Those homos needed jailed. Yaba, limbi kwacha yala bwela munomo.

    We say no to HOMO.

  15. we are all not perfect but we try by all means to be perfect the out come of this case isnt suprising just knowing the pipo witnessing says it all

  16. Good news…leave these innocent gentlemen alone and focus on issues that concern you like wasting our tax dollars on a frail sickly President who is AWOL, a ceremonial veep who cannot act as president and a bunch of utterly incompetent empty tins posing as cabinet ministers, district commissioners and deputy ministers.
    Wake up!!

  17. Am shocked 2c the above comments coming from future lawyers,judges,magestrites,teachers-LEADERS.indeed some of u alread are.I fear 4the future of MOTHERZAMBIA bcoz u dnt need 2b a judge or minding other people’s business 4u 2tel that somebody z putting on left sides of shoes on both legs or 2knw that doing so z wrong in the same vein,hw can 1 fail 2c or c nothing wrong in acts that’r detested even in the relm of animals?Who can tel me 2de that they’r products of such “couples” even the so called champions or activists of the same,are they themselvs products of bisexual couples?And talking of kapiri homosexual verdict,any keen follower of the case can’t help but 2se that the named diplomats had a hand in it.

    • What concern is that to you…if I were you I would focus on knowing when its appropriate to use text language. I work with gay colleagues and they among the most honest people I have come compared to hypocrites like yourselves who are very quick to pass judgement.

    • Get lost with your moral high ground.If we took a closer look at your lifestyle we can find out that you have had premarital sex,stolen,lied,hurt people and you have probably cheated on your wife.Stop making passing judgement on others while forgetting your own shortcomings.No sin is greater than the other.

    • Agree with you @jay jay and @Spintos, I lived with some gay neighbors for years and they were the most honest and friendliest people I have ever met. Even after we moved, me and my wife still see them around town and they always ask you how the children are doing—you know, the Zambian way, which is rare out here in the Western culture.

      I remember having very intellectually stimulating discussions with these folks throughout the years we lived next to them. I found them to be less prejudicial and judgemental compared to people who WEAR JESUS around their necks as sign of intimidation! What they did behind closed doors in their own home was none of my business and it never affected my family and our moroles one bit!

    • I think you are missing the point. The issue is SIN versus CRIME. You are mixing the two as if they are one and the same. The simple analogue for you would be EVERY CRIME IS SIN BUT NOT EVERY SIN IS CRIME! Yes they could have sinned but surely they could not have committed any crime! I’m of the opinion that the Judge was on very firm ground when he passed that Judgement. You cant send people to jail on mere suspicions. Please keep your own prejudices to yourself , people have different preference on several things. As long as they dont injure anyone they are free. How many times have you committed fornication yourself? Why are you not in jail? Those who need Children let them have children and those who do not need them let them be.

  18. Iam a Christian and believe homosexuality is immoral but I hold the stance that society needs to be more accepting than judgmental of such. Jesus eat with sinners and mingled with them because ‘such were the ones he came for’ quit the high moral views and remember u are also just a sinner saved by grace. God loves the homosexual as much as he loves you! We are have fallen short of the glory of God and these will one day come to his saving knowledge. So my fellow Zambians ‘Live and let live!’

  19. I’m disappointed in those youths that are “denouncing homosexuality”. It’s rare for young people in Zambia to be politically engaged, so it’s a shame to see them waste their energies in this way.

    Why not focus on fighting issues that truly affect them, like high youth unemployment, the poor education system, cronyism, sexism, poor state institutions, and inadequate government response to the needs of young people?

    Young people: homosexuals don’t cause you any harm. Turn your attention to the politicians that disadvantage Zambians from enjoying a high quality of life.

  20. Of all the more pressing issues of tax evasion by multinational companies, unequal trade of the west/south, hunger, ignorance, lack of clean water, HIV, malaria, inadequate education institutions, the GERMAN ambassador chooses to attend a court case pertaining to sex! WHAT A SHAME! On issues that truly matter, we do not see them. And soon, when they have legalized sex with animals in the west, we will see and hear them more and more. (but you dare not talk about polygamy in Germany) SHAME ON YOU PERVASE GERMANY.

    • @Lundu, you are absolutely right. I have not read anything about these diplomats showing solidarity with real Zambian issues. So many serious issues going on in Zambia, and this is where we see the German/EU diplomatic muscle, shuwa? Anyway these two will be coming to you crying for German passports very soon – no where to hide anymore.

    • They give you aid. They are the ones giving you medicines and everything especially under your absentee President

    • Who do you think supplements your budget? Ask Chikwanda. ..its from these countries taxpayer’s and minority of those taxpayers happen to be gay so do the maths or else raise your monies from your own resources.

  21. Not a single cabinet minister or deputy in this PF government is without a girlfriend besides their wives. They commit adultery with impunity, everyday! It had to take cancer to disable their big boss man Sata himself to stop his rampaging ubuchende from planting abana ba mufwani everywhere. And these are the people who would want to make me believe homosexuality is a bigger sin than adultery or fornication, atase! Philip and James, you’re not hurting anyone, you’re two consenting adults, finito!

    • i told you last time that this germany ambassador is a homo envoy if you look at him at close range you can see the dirty around him,

      those *****s should be monitored with their lives and you will discover that these envoys will give the money. stupid envoys indeed how can you waste your fuel to go to kapiri to witness a gay trial out of all important issues at government level.

      this same finke was baptising children at st ignitious church in lusaka with father chilinda during easter day this year, all those who where baptised by this homo ambassodor should be rebaptised, or else they may be affected by his homosexual behaviour and my become as he is.

      Zambia will fight hard to get rid of this evil by exposing all its influence. let these stupid envoys from america and germany…

  22. Welldone Mr Judge , so i will also come out in the open now since i cannot be jailed. I love one of the cabinet ministers but he is prooving to hard to get, i have invited him several times for ka beer but he leaves early before i can manifest

  23. Africa is really a black continent. Kutina musungu. Go to Germany with your 2 wives and they’ll not allow it. instead they will put you in prison or fine you. These homos need to be locked up for a long time or they risk being stoned by mob justice.

  24. @mpangella
    You forgot to mention that this German fimo fimo had his child stolen. How did he make that child? by Homosextuality or what?

  25. Many Zambians discuss the issue of gays from a very ignorant point of view. The argument for Christianity and the bible says falls flat on its face when you look at the following. For example, according to the bible book of Genesis there was a time in the history of mankind, when there lived only 3 men and one woman. How did they survive because the only one of these three men had a wife and the others didn’t. The other two men were his sons. Secondly, the bible also says it was never God’s intention to create a woman. God only created EVE because ADAm was bored living alone in the garden of EDEN. If Adam had not been bored it means there would have been no need to create EVE. But the question is how could GOD not have known that Adam would be bored when God knows the future?

  26. Government has disappointed me on this one, any way they follow the majority even if its from hell, this world is doomed, no wonder we have a lot of terrible diseases. lastly these guys how can you be a hair dresser? find something to do leave that to the ladies.

  27. It z dawning on me that evry1 z itching 2hav a test of the sewer line or @least are in the system alread,I wud ratha be “an hypocrite”,”judgmental”-UNPOPULAR than following the misguided masses.

  28. My country Zambia, where are we going to? Again we have been threatened with a freeze on AID by these useless and immoral westerners if we did not release those sick gay chaps and we had to succumb into their dirty acts. God deliver us from these animals from the yoke of sinful acts like homosexuality. Pals sure cant we go the Ugandan way and pass legislation to deter such immoral acts polluting our beloved country? Where are our so called Law makers, I am disappointed to the bones.

    • Taxpayers of western countries are concerned about where their money goes unlike your self serving unaccountable Zambian politicians…..these countries supplement your budget and they have to account for every cent to their people.
      If you want anti gay policies stop getting money from country with liberal policies. …simple as that.

  29. Sunkutu your comments are misleading, God in his own mercy knows what is good and bad and he knows the future, that is why he gave mankind the senses to see, judge and act. If something is wrong it can never be changed to be good. For sure how can you leave icinyo waya mukutomba pa musula, shame.

  30. LOL “I lived with some gay neighbours for years and they were the most honest and friendliest people I have ever met” Just bcoz u’r not honest and friendly it doesn’t mean evryone else isn’t or if u think turning BISEXUAL will make u honest and friendly then try it.”I work with gay colleagues and they amoung the most honest people I have come compared like yourselves who are very quick to pass judgement” You must just be frank and say;”I, and my fellow gays work together”bcoz you can’t just be their advocate,or you’r being paid 4your services.”I found them to be less prejudicial and judgmental compared to people who WEAR JESUS around their necks” That’s where the problem lies.coz you have failed to WEAR JESUS AROUND YOUR HEART and just wears Him AROUND YOUR neck…

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