Two Kapiri Mposhi men found guilty of Homosexual conduct

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The two Kapiri gay men being taken away after making court appearance
The two Kapiri gay men being taken away after making court appearance

Two men that have stood trial for allegedly engaging in homosexuality have been convicted and committed to the High Court in Kapiri Mposhi District in Central Province for sentencing.

This is in the case where Japhet Chataba, 38 a carpenter and resident of Ndeke compound in Kapiri Mposhi and Stephen Sambo , 30, who is a planning officer at Ndola City Council have been appearing before resident magistrate Ackson Mumba.

The duo were charged with having engaged in having had carnal knowledge against the order of nature contrary to Section 155 (a) of the Penal Code, Chapter 87 of the Laws of Zambia as read with Statutory Instrument number 15 of 2015.

Both Chataba and Sambo pleaded not guilty to the charge.

The state had lined up five witnesses to testify in the matter.

At the close of the prosecution’s case, Chataba and Sambo were found with prima facie case and subsequently put on their defence.

However, the accused persons who were represented by Daniel Libati of Abha Patel and Associates, a Ndola based legal firm elected to remain silent in their defence.

The matter came up for judgement before Petauke based resident magistrate Ackson Mumba sitting in Kapiri Mposhi on yesterday (Friday).

In his ruling Magistrate Mumba observed that four prosecution witnesses that testified in the matter were eye witnesses because they physically saw Chataba having anal sex with Sambo in room 16 at a named lodge, adding that the prosecution witnesses proved the identity of the two men thereby making the evidence collaborative.

Magistrate Mumba stressed that the first witness remained firm in her examination in chief and cross examination, adding that the credibility of her evidence cannot be questioned.

He added that the defence counsel failed to challenge the evidence of the first witness and the arresting officer.

Magistrate Mumba, in his 90 minute judgement delivered yesterday, further observed that despite the medical doctor who examined the two men that had allegedly engaged in homosexuality informed the court that his findings were inconsistent with the allegations, the said doctor was quick to state that that does not exclude the possibility of sodomy, especially that the medical examination was conducted on the duo 10 days after they were found having anal sex.

Magistrate Mumba explained that by the mere fact that the two accused persons opted to remain silent in their defence meant that the court’s duty was to draw reference to the evidence adduced by the prosecution witnesses because the court could not start to speculate what the accused persons wanted to say in their defence.

He stressed that “the law is what it is and not what it ought to be.”

The resident magistrate added that the prosecution team had proved its case beyond any reasonable doubt, saying he was convicting the two men as charged.

For this reason, Magistrate Mumba then committed Chataba and Sambo to the High Court for sentencing as the magistrate’s court has no jurisdiction to pass sentence in an offence where people are alleged to have engaged in homosexuality.

Defence counsel Libati then followed the convicted men to the holding cells where he conferred with them.

Libati had “no comment” on the outcome of the case when approached by members of the press.

On August 25, 2017 Chataba and Sambo were found by members of the public at a named Lodge in Kapiri Mposhi having sexual intercourse against the order of nature.

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39 COMMENTS

  1. Those guys were paid money to act. They are not real homosexuals.

    Real homosexuals don’t go round showing off. It is the same style the foreign countries used in Malawi.

    The urgent is to allow foreign homosexuals to come to Zambia and destroy young boys.

    Try to check who is behind that movie? Even the journalist covering that is paid.

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    • Jail is Christmas for those bu.tt pushers. Have fun guys. Keep on spreading HIV!

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    • They might as well arrest all the girls in boarding schools. Because most of them have lesbian relationships

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    • I do not know what it is about Kapiri and homosexual acts.

      In any case, this conviction is not safe. The defence did not do a good job. I mean how does one tell that occupants of a room at a lodge are doing jigi jigi? What led these so called witnesses to this room?

      The defence has let these gays down. They should have taken the stand, because silence can be taken as guilt.

      But now at least they can have all you can “eat” buffets in prison. So I guess it will like Christmas soon for these chaps.

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    • This is insane. Stop harassing people for their sexual preference! They are two adults in love! Now you have ruined their lives. There are so many gay people in Zambia. Accept it!

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    • How many homosexuals do we have in the Zambian army? How many are teachers. Doctors, husbands, Catholic fathers, Banker’s, etc? They are hundreds of thousands of homosexuals in Zambia. All pretending to be heterosexual because of fear of discrimination and of recent fear of being thrown in prison. Fact remains that homosexuality is not something they do for the sake of experience but myGod given feelings they can’t just ignore.

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    • @fact…how would you know about the “hundreds of thousands of homosexuals in Zambia” ? Did all of them reveal to you that they were homosexual? Stop spreading misinformation. Secondly, homosexuality is a Western disease that should never be entertained in Africa whatsoever. Anybody promoting homosexuality in Zambia should have their head examined. The West is trying to impose this decadence on Africa as a means of population control. If you start entertaining this, next you’ll have transgenders, transsexuals, and gender neutral people who refuse to be referred to as “he” or “she.” Please, let this madness stay in Europe and America. Don’t ever entertain it in Africa.

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    • @nodiscimination…..Please its not a human right please please please….God made Male and Female
      homosexuality is sin before God and is unacceptable in fact it must not even be talked about
      It brings the wrath of God. ROMANS 1:18-35

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    • @nodiscrimination, that’s how the West convinces you to accept their decadent values. It’s by characterizing them as human rights. What if someone claims that his human rights are being violated by denying him to marry his daughter, or his pet, would you agree with him? Where does the human right claim end, and who decides that? For instance, while polygamy is legal in some African countries (if not all), it’s, however, illegal in many western countries, including the USA. That’s their western values too. If you go to America and begin to practice polygamy, they’ll arrest you. Try and argue that your human rights are being violated and see how they’ll laugh at you. Obviously every culture or country should have a moral line beyond which no one should be allowed to cross without…

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    • (Continued)… consequences. Homosexuality is unAfrican and goes against African culture and values. And no western country or organization should impose their values on African countries, disguised as human rights. If an African wants to engage in homosexual lifestyle, they should move to the country where the practice is accepted, and not try to change the culture in the country that objects to the practice. It’s that simple.

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    • Most Zambian married woman are usually abused and clobbered violently by their so husbands, all because the husbands are gay men hidding in unhappy marriages to women.
      This Hidden Truth delves into the devastating impacts of domestic violence on the lives of most Zambian women that are married to repressed homosexuals.

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    • Most Zambian married woman *that* are usually abused and clobbered violently by their so husbands, is because the husbands are gay men hidding in unhappy marriages to women.
      This Hidden Truth delves into the devastating impacts of domestic violence on the lives of most Zambian women that are married to repressed homosexuals

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  2. When you see married Zambian men walking holding hands with other men, that’s not just buddies you see, they are homos who are afraid to come out!

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  3. What’s come of the lesbian pair reported to have got married in Lsk? This mediocre fight against gayism is already proving to be an exercise in futility. There’s really no need for poor countries to expend their meager resources on fighting a losing battle. The West has always won

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  4. Serves them right.
    This is not about feeling and it is not how God made them. If someone wants to know how God made everyone read Genesis 1-11, for starters.

    Do you know that murderers on death roll felt like killing someone and the argument is that they couldn’t help themselves?

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    • Which god? The one from the bible? Why should someone be concerned about what two grown up men are doing in a hotel room? Let’s get serious for once and decongest the prisons. These guys are adults and as much as we disagree with them we should respect they wish. Give them freedom and let’s not be scared to debate on principle and not doctrine.

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  5. Can zambia just concentrate on more pressing issues like the economy and the rampant theft by pf. What two men or even women decide to do in private will not improve or negatively impact your lives. It is funny too to note that the rates of conviction for men allegedly practising homosexlty is way higher than women. A clear sign that this is just feeding into men’s insecurities.

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    • For Gay Men in Zambia, Where Homosexuality Is Banned, Suicide is a Common End!
      “Here, suicide is escalated because the environment that the sexual minority live in Zambia is toxic,”

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    • What is the point of such a comment. Even men like you act like they have no stick. A person who is scared of free and fair elections or the rule of law does not have a stick and is not man enough to run this country.

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    • Iwecheekala just keep quiet. If you’re bored with life out there just return to Namwala people need you.

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  6. How many Zambian celebrities are Gays and Lesbians?
    Meanwhile……….The number of men having sex with fellow men in exchange for money has increased in Livingstone. “Some of these men even fight each other in some of the joints over foreign clients who seek their services. It seems lucrative as some of them have even constructed houses using the income they generate,” “The men having sex with fellow men want to show that they are straight, so they marry and have children, too. This makes them prone to HIV infection and they are likely to infect their wives,”
    If homosexuality were legal in Zambia, Zambian women would be spared of contracting HIV from their “gay husbands”

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  7. How many Zambian celebrities are Gay OR Lesbian?
    Meanwhile……….The number of men having sex with fellow men in exchange for money has increased in Livingstone. “Some of these men even fight each other in some of the joints over foreign clients who seek their services. It seems lucrative as some of them have even constructed houses using the income they generate,” “The men having sex with fellow men want to show that they are straight, so they marry and have children, too. This makes them prone to HIV infection and they are likely to infect their wives,”
    If homosexuality were legal in Zambia, Zambian women would be spared of contracting HIV from their “gay husbands”

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  8. How does someone’s partner preference and what they do in the privacy of their bedroom affect you? Why do we Africans really want to know who is sleeping with who? How is that our business? Is homosexuality contagious? Who changed their preference because their neighbor was different? If so, why doesn’t your preference make them change. In fact you heterosexuals are even the worst kuvigololo. You have orgies, your kids in Lusaka are having orgies. Leave people live their lives. No one bothers you having multi partners. Changing men or women like underwears. Being homosexual is natural, just like being left handed, albino, or being heterosexual. You don’t choose how you are born. You don’t choose being Bemba or Soli or Tonga or stupld Nyanja. You did not choose to be born dull or dark…

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  9. Why does LT not allow to mention Tonger? Whenever one mention Tonga, they hide it. This is stupld tribalism. These are our brothers and sisters and they are proud of their tribe too. There’s even an island Tonga Island. So we can’t even mention the island? Wow. LT must find solutions not create more.,

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    • No need to hide Tonga unless there is tribalism involved! I have wondered too why it has been so by LT yet they let HaJayJay continuously disrespect the President of our country!

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  10. And you wonder why people call Africa the 3rd world. Who the hell do you think you are to invade the privacy of two consenting adults? You’ve got poverty, AIDS, corruption and basic infastructure at the lowest levels yet you all get into a moral panic about gay men. It is not “UnAfrican” to be gay. These laws were passed on by the British. Gay people have every right to live their lives like you do. A lot of it is due to religion. Well how do you feel about those pastors that live in mansions while your countryfolk live in slums? They brainwash you into giving them money. It’s repulsive. I hope these two are released and allowed to live their lives in peace. Shame on you Zambia.

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    • We’ll soon start to see the first Zambian Asylum seekers!
      Hundreds of gay people from Africa, have claimed asylum in the EU on the basis that they would be persecuted in their home countries.

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  11. Zambia has a lot of problems. Cholera, hunger, lack of schools in rural areas ect. How much time and resource was wasted on this that would have been better spent elsewhere? What business is it of ours what two men supposedly did in a private room? What are all these people doing supposedly “witnessing” the event?

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