King Henry VIII’s Ghost Applauds Magistrate Mumba’s shameful ruling on a Gay Couple

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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

District magistrate Ackson Mumba’s shameful conviction and committal to the High Court of Japhet Chataba and Stephen Sambo for the crime of “carnal knowledge against nature” (whatever it means) in Kapiri – as reported by Lusaka Times on August 4, 2018 was applauded by the ghost of the 16th century English King, Henry VIII. The couple now risks spending up to 15 years in prison for engaging in alleged same-gender sex.

As a human rights advocate, I believe consenting adults’ private sexual lives are not the business of the State, the church or the hotel/lodge owner. That the arrest took place in the room of the lodge after the owner called the police is in itself suggestive. For the lodge owner to call the police on the couple after checking into the room is a clear violation of the couple’s fundamental rights to privacy. If lodge and hotel staff peer into rooms after we check-in, then we are entering a very chancy era in our nation. Sadly, the learned Magistrate did not see the immorality and illegality of the lodge owner’s actions—setting a bad precedent for future blackmails of guests by the hotel/lodge staff.

In his ruling, Magistrate Mumba did not explain how the couple’s alleged sexual crime affected other people. Rather he cited Section 155 (a) of the Penal Code, and Chapter 87 of the Laws of Zambia and Statutory Instrument number 15 of 2015 Constitution. What he did not say is the origin of these laws—they are priced gifts of British colonialism. The law of “carnal knowledge” maybe coated with “Zambia,” but it originates from King Henry VIII, who decreed homosexuality a felony as opposed to a sin.

Religion has always differentiated between a sin and a crime. Many evangelicals view drinking beers, divorce and smoking as sinful, but these acts are not crimes. Despite the health risks associated with smoking and drinking, we do not arrest smokers or those who drink based on our evangelical religious convictions. In fact, if we locked up all drunkards, Magistrate Mumba, President Lungu, politicians and countless religious leaders are likely to rot in jail.

We may have religious reasons to object to homosexuality—but we are a secular nation with secular laws. Unless our nation is a theocracy—a state governed by religious dogma, it is within our democratic rights to choose what we do with our private lives as long as our choices do not harm other individuals. Japhet and Steven are adults, and what they do in private is none of the State’s, the lodge owner’s or my business. I am still to be convinced as to how one’s homosexuality affects my rights.

Let us face it—prostitution is a crime in Zambia. Yet each passing night and day, in Zambia’s hotels and lodges, men buy sex from the streets. Are we suggesting arresting men who have solicited sex in hotel/lodge rooms based on the staff’s positions on prostitution? We are trading on perilous waters—something Magistrate Mumba’s ruling sanctions.

We must all understand the injustice of this shameful ruling. Stephen and Japhet are breadwinners for many other people—their imprisonment will surely ruin their lives, and affect countless family members. Is it not time we accepted that some people are gay and that no law will stop them from falling in love with people of the same gender? We can force gays into the shadows and lock them up, but the truth is – as long as our mothers continue to give birth, new gays will be born. It is on us to promote love and not injustice—as learned magistrate Mumba does. Our courts should be sentencing corrupt government officials to jail rather than gay persons.

I can only pray that the High Court will dismiss this shameful ruling!

Rev. Kapya Kaoma

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67 COMMENTS

  1. I think it is shameful that we still cling to colonial rules which do not make sense in our enviroment.Our prisons are full of people who commit crimes against the imperial ruler -Great Britain of the 1900s. We do not have the resources to support our overflowing prisons and punishments suitable for the Zambian environment should be devised.Can our MP’s please change these laws instead of traversing the globe and handing out mealie meal and chitenges.

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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? There are hundreds of thousands IF NOT MILLIONS…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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    • I’m sorry Rev. I cant agree with you. You know this is unnatural & we can’t lower our standards to accept gayism as normal. Even animals don’t do that. Everything about gayism is learnt & function of socialisation. We can’t let this spirit live with us in this country as Christian Nation. What we should be doing is help re-educate those who have fallen prey to this spirit. There is purpose God created us male & female & there’s reason why humans are still dominant species. There would be no world or national population if this abominable act was allowed. God doesn’t just entrust us with physical assets as custodians but most importantly the moral fibre. Let us be responsible adults as our forefathers were not to allow such evil. God Bless Zambia

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    • By the way the law against gayism did not come to Zambia with the colonialist. This is serious misinformation. The breadth and width of this country including our neighbouring countries have been occupied by responsible societies for centuries which only recognise heterosexual union & only allowed marriage whether polygamous of man & woman. The author shouldn’t try to make us feel ancient because of colonial rule book. We had these rules even before. It is the western countries that are now degenerating because of extreme liberal tendencies that have even brought diseases like HIV. Unless someone is writing an article where this appears normal they wouldn’t write such an article in Zambia or Africa where morals are still relatively respected. God Bless Zambia

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    • This Reverend Kapya Kaoma is a big disgrace to the nation and may be to his church as well.
      Read Mark 12:17 – “Well, then,” Jesus said, “give to Caesar what belongs to Caesar, and give to God what belongs to God.” His reply completely amazed them.
      What GOSPEL does this Rev. Kapya preach??? SAME GENDER SEX IS A CRIME UNDER ZAMBIAN LAWS and must be punished as such. This Reverend is truly a homosexual himself. SIN IS SIN or CRIME IS CRIME – WHETHER COMMITTED BY A FEW INDIVIDUALS OR BY MILLIONS (Like Sodom and Gomora).
      All that FAKE Rev. Kapya can do is to campaign for changing the law and not abrogating it.
      The Motel owner must be commended for being a PATRIOT for reporting disgruntled members who break the law.

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    • In the 80’s a famous Brazilian Musician by the name ROBERTO CARLOS sung:
      “HAY QUE SER CIVILIZADO COMO LOS ANIMALES” (meaning: “WE SHOULD BE CIVILISED LIKE ANIMALS”).
      When interviewed what he meant by his song – HE SIMPLY SAID ANIMALS ARE MORE CIVILISED THAN HUMANS – THEY HAVE SEX AT THE RIGHT TIME AND THEY HAVE SEX IN CONFORMANCE WITH THE WORLD ORDER i.e. MALE AND FEMALE NOT SAME SEX.

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    • This so called Reverend’s utterances are indeed shameful. Must be some liberal minister trying to normalize and promote homosexuality in Zambia. Objection to Homosexuality is not just based on religious grounds. There is also the African traditional and cultural objection to the practice. There’s no doubt that homosexuality has it’s origins in the West. It’s no coincidence that gay lifestyle is rampant in Western countries than in Africa. It’s also no coincidence that South Africa, the most westernized African country, is the only African country where this practice is legal. Entertaining this lifestyle in Zambia will open doors to all kinds of weird practices and bring about individuals found in the West, such as transsexuals, transgenders, drag queens, and neutral gender people who…

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    • (Continued)… don’t want to be referred to as “he” or “she.” Along with this comes the confusion of what bathrooms they should be allowed to use. Should a man who considers himself a woman (transgender) be allowed to use a women’s bathroom? This debate is still ongoing in America. And all these decadent lifestyles are currently being promoted by the West and forced upon African countries disguised as “human rights.” The argument that “two concerting adults’ private sexual lifestyle is nobody’s business” does not hold much water. If that’s the case, why then are there laws in the West against the marrying of two concerting adults if they’re close relatives? What if a father wants to marry his own grown daughter? Or a mother wanting to marry her own grown son? Since they’re…

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    • (Continued).. two concerting adults, why not allow them, right? Can the “two concerting adults” argument work in this situation? If no, why not? What if these people argue that their rights are being violated by forbidding them to marry, what would you say then? These examples clearly poke holes in the “two concerting adult’s argument.” There should be a limit to what can and cannot be acceptable behavior based on the morals, cultural and traditional practices of a given society. Each society should have a moral compass, and moral line beyond which no one should cross without consequences. And someone from another society should have no right to dictate to other societies what they should allow, in terms of moral values. The West selectively sets up the system of “human rights…

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    • (Continued)…They vigorous trumpet their support for homosexual rights, and yet look the other away when brutal African dictators are killing their own people, just so they can stay in power forever. The West decides what are and what are not human rights, and expect no objections. For instance, in most African countries, there are no laws against polygamy, and yet in most Western countries, including the USA, polygamy is banned and is illegal. An African who moves to America with his 5 wives will be arrested and jailed. If he argued that his rights are being violated because he’s married to 5 “concerting adults,” they’ll laugh him out of court. Why? Because each society has it’s own norms, traditions and culture. And according to American norms, polygamy is unacceptable. Part of the…

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    • (Continued)… African norms, traditions and culture is the recognition that homosexuality is unAfrican, and the west should not force us to accept it, just because they brand it as a “human right.” There’s no documented history of homosexuality in Africa before Western countries came to colonize us…and before the recent onslaught of Western influence on our culture. Now the West is out in full force to impose this abnormal practice on the Africans, maybe as a means of population control? Whatever the case is, the vast majority of Africans reject this lifestyle as unAfrican.

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    • 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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  2. Brave article from a reverend. Indeed we must stand for the truth and what is right regardless of our religious dogmatic beliefs.

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  3. The Reverend doesn’t make sense at all!! Anyway, I am yet to witness dogs in a same sex act!!

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    • Sexuality is a private affair. If it’s behind closed doors, in the bedroom anything is fine, also homosexuality. But once out in the daylight, it gets very sensitive”
      “Clearly, homosexuality existed in early African history. But being gay then was not categorised or openly criticised in many communities. Homophobia increased in Africa when missionaries and colonial administrations categorized homosexuality as a perversity”,
      In Zambia, sexual orientation was less sensitive during the first decades after independence than it is now. When the second president, Frederick Chiluba, in 1991 proclaimed Zambia to be a Christian nation, fundamentalist Christians became influential in politics. As a consequence, homosexuality came under attack.

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    • @4.1 Ola There is nothing like it is because of Christianity as the reason to condemn homosexuality but traditionally it is considered as an abnormality and that is the reason ever since memorial times growing up in rural Zambia, I never witnessed any same gender marriage taking place. It is a perversity against natural order such that even dogs abstain from it..

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  4. Rev. Kapya Kaoma..you are not fit to be a reverend…even male monkeys do not have sex with fellow male monkeys.. cocks do not jump on top of another cock because they know where they are supposed to go.. everything you have said is nothing but nonsense…

    shame on you

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  5. You should know that most gay people are that way because they were born that way and can not help it.

    Though it should not be encouraged in public and in our schools , what adult people do in their private lives is up to them within the confines of the law….

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    • And this being born like that only happens in humans not other mammals? This same excuse is coming up where some people are said to attracted to minors and said to be born like that, should this also be legalized? where is humanity headed to? why is the number of gays seem to be increasing, is it not because white homos give out a lot of money? This is learnt rather than natural!

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    • I disagree that anyone is ever born gay, the same way no one is ever born a smoker. It’s addiction that makes people become homosexual in same way people become addicted to tobacco smoking. But I cannot send homosexuals to jail. I despise the practice the same way I despise smoking.

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  6. Uyo umulumendo Revd aliwa. He is backslidden. He is the same as the modern Pope of Rome whose doctrines on the earth and morality change with time as do their gods.

    Both nature/evolved/ existence and the Creator God show that homosexuality is not correct.

    That priest is misleading readers.

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  7. M.j. Orton
    29 May 2013 ·
    The Rev. Kapya Kaoma had to flee his native Uganda, fearing for his life. He was not targeted by Idi Amin as a threat to the government, but he fled because the American evangelical movement has demonized Kaoma as a homosexual sympathizer in his own land. For preaching tolerance and love in the midst of this American-based doctrine of hate, Kaoma and others like him are routinely threatened with death.
    Kaoma Kapya whatever you are called please leave Zambia to Zambians. You are a satanist agent

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  8. It is shameful to have such a so called Reverend; is gay himself; it is shameful to have homosexuals in Zambia; it is against our culture;

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  9. Ati Ghost shani? Which church is he a priest of? Maybe he is a freelance priest. The Church of Jesus does not believe in Ghosts as in ghosts.

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  10. In every country there are laws. Some thieves steal in the dark and get away with it but if they are caught they face the wrath of the law. The same goes for sodomy.Those two men were caught in the act and they faced the wrath of the law. If they were not caught they could have gotten away with it.

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  11. To be gay and be a black must be hard!
    In Zambia you are attacked because you are gay, in the western world you are attacked because you are black..

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    • In the western world you are attacked for being poor too. Being black is hard, but not for everyone. President Lungu naka HH are leaving a good life.

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  12. I contend that HOMOSEXUALITY IS FOREIGN TO US ZAMBIANS (and most likely to the whole of Black Africa). Those like @4.1 OLA who say Homosexuality existed before Missionaries came to Africa should give even examples of WHAT LOCAL WORDS (vernacular) were used to call homosexuals and lesbians alike in ZAMBIAN LANGUAGES?? For the 3 languages I understand(Bemba, Nyanja and Tonga) I believe there is NO Single to denote Lesbianism! It is an imported phenomenon!.Colonialist abhorred lesbianism so much as can be seen in the laws they created against it. IFF indeed colonialists found lesbianism among us the insults and degrading descriptions they poured (continue pouring on us) could have multiplied 1000 times. IT IS FOREIGN,ABNORMAL, MUST BE FOUGHT AND OVERCOME!!

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    • “…WHAT LOCAL WORDS (vernacular) were used to call homosexuals and lesbians alike in ZAMBIAN LANGUAGES?..”

      Panyooring….

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    • “…WHAT LOCAL WORDS (vernacular) were used to call homosexuals and lesbians alike in ZAMBIAN LANGUAGES?..”

      Pany.ooring….

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    • They were just hypocrites who didn’t want it to get filtered down to the poor natives because them white colonialists and missionaries considered it too luxurious for a black man at that time

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  13. How did humans multiply?
    Did Adams children marry themselves?
    Indeed how do guys born with undeveloped penises or holes quench their thirst?

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  14. Did the magistrate follow the existing law to the later?

    If he did, then the problem is not the magistrate. So no energy should be expended demonising him. Courts don’t make laws, the apply them.

    Rather, try to settle matters with your absentee lawmakers.

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    • This Reverend is demonizing the Magistrate for following the written Law. I do not get it. Keith Mukata is also a breadwinner for many family members – where was the Reverend?

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  15. Yes sexuality is a private matter. But that is not the point. The point is what is legally acceptable in Zambian context? And since this is not accepted in our country, as enshrined in our supreme law to which we all subscribe, then the perpetrators are as guilty as charged. Whether, it was done in lodge, house, hotel, as long as the act was brought to the notice of the third part, they are obliged to protect the law of the land as enshrined in the constitution clause 2, section (a) to (c).You see the stupidity in this country, we want to hide in the sub provisions of the supreme law. A human right can not and will never supersede the supreme law.

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  16. But sending them to jail is no solution at all for they’ll continue engaging in the same offence they have been arrested for. Homosexuality is rife in prisons.

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  17. Homosexuality is wrong and unnatural, but should we jail offers? My thoughts are that if we jail homosexuals , we should also jail adultery and prostitution offenders? Therefore, probably, we should come up with a another form of rehabilitation to replace prison sentences? Just thinking.

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  18. The rev has given us his lame layman’s attack on the law. Now he needs to tell us what his bible says

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  19. Just because some fullish king in Europe was a homo, you want us in Zambia to follow suit. It could have made sense if you had said ” Ghost of Nkumbula, Kapwepwe or Mandela. …” You wander why we can’t move forward? It’s because we want to live like white people without knowing why white people live the way they live.

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    • You have spoken sense, kikikiki. We know where the ones that like to copy everything come from.

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  20. Society is just a problem my brother. Your argument is so logical and well reasoned. However, the Zambia laws do not permit homosexuality. It is not about logic but about breaking the law.
    Even those who are saying that it is because of the fact that Zambia is a Christian nation are just lying. How many evil things are committed in this nation?. People sell and drink beer, smoke ciga, cadres fight, etc but not arrested.
    So forget it is not about being christian nation. It is just the law which is against and has to be applied as such.

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  21. The point is that it’s an archaic law that is not fit for purpose. Strides in human science and development have shown clearly that sexuality is in many forms – albeit the majority falling into the heterosexual ambit. The majority are now shamelessly using obsolete edicts to persecute and punish those who happen to have a different natural tendency. This is sex and if done in privacy between consenting adults, why is it anyone else problem? We have heterosexuals here pretending to be ‘holier than thou’. Yet, we know that some of them engage in all forms of sexual depravity and perversions – some of which are illegal (like rape, sexual abuse, incest or underage sex) Of course for some people the gay act is within their natural disposition while for others it may be circumstantial or…

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  22. What is SHAMEFUL is a Reverend attacking a law of the land which protects us from falling deep in Sin. Even in the law of Israel the sentence was death not even life sentence. Reverend please question the morality of your argument. In the name of human right activism or in the name of God what are you trying to achieve? Rebellion of the lands law? What exactly is your stance? I would rather side with the laws of Zambia on the matter that side with the sin the God judged with hell fire and blime stones at the time of Lot.

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    • Israel Israel Zambians and their superstitions. They abandon African superstitions and replace them with Israeli superstitions. Why should we be obeying Israeli law? So we can be puppets of Israel and America?

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  23. Homosexuality is not a human right issue and If we allow homosexuality in the context of human right, we should also allow pedophilia people too because they too want to enjoy life.

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    • I think the difference is that children cannot consent while two gay adults are in a consented relationship. We Africans do not know how to handle complex issues. We tend to over-simplify things or bury our heads in the sand. Even adoption is a taboo issue in Zambia. Your relatives will give you a had time if you try to adopt an orphan.

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  24. I see many people comparing animals to humans which i think is technically not a very well thought-out argument.Animals in-breed and that is normal to them.We even eat the in-bred meat and we love it.Humans on the other hand don’t in-breed so if someone did,are we going to justify it by saying since animals do it,we should also do it?No,so when we make arguments lets be very objective.
    The issue of homosexuality is very deep and is here to stay irrespective of whether we support it or not there will always be gays among us.It has been there since times immemorial.We need to find a better way of handling this.Sending them to prison is not the way to go.They tend to engage in even more gay activities in prison than outside and we all know that.

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  25. Homosexuality is a form genocide, be wise and open your eyes. Europe fear Asians because there are billions of them. Do not get all emotional with Obama’s folly.

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  26. For sure even animals are able to differentiate between male and female, why should a Human being who is created in the image of the everlasting God fail to do such? This is very shameful….it is very disgusting to say the least…God please come and sort out this mess, how to do expect to have children with the same sex? How did they come to being themselves? Shame on whoever is in support of this. This human rights animal is killing us for sure….

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  27. Homosexuality is an afront to God’s plan for humanity. Procreation is one of reasons for marriage between two opposite sex and God frowns upon such as examples abound in Sodom and Gomorrha Gen 19, read also Romans 1:18-32. The passags will tell you how the wrath of God burns against homosexuals.
    Long before colonialism or before evangelization of Africa, our fore fathers never tolerated such acts.

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  28. Rev read Leviticus chapter 18 and pay particular attention to v 22. In fact the same chapter dwells deeply on the sacredness of sex. Like I have always said people will always pick parts of the Bible that supports their motive.

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  29. I am really shocked that a Reverand would try to misinterpret the Bible. Homosexuality according to God is a filthy abomination and according to our Zambian laws is a serious criminal offense.Please Mr. Rev. Just repent or quit the fivefold Ministry you’re hiding behind

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  30. Dear Satanist, leave ZAMBIA NOW! Demonic ordination Rev. Kapya Kaoma! What a shame! Satan’s representative! A wolf in Sheep’s skin! Not even in the skin of sheep, truly. In the devil’s skin!

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  31. You Zambians are like Islamists. You talk about the Bible, Demons and Satan as if we all have to believe in this medieval fairy tale. It is a disgrace to imprison two adults who were not harming anyone else and yet thieves who are stealing money from the public purse are walking free. PF cadres who have killed and maimed innocent citizens walk free. It is a sad state of affairs!!

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  32. Homosexuality is natural–the behaviour is seen throughout the animal kingdom. It’s not a Western thing, it’s a human thing. People are born straight, others gay. All are born in God’s image. This reverend is spot on: leave people alone when it comes to the bedroom. Who one loves is not your concern.

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  33. kikik but that will still not stop any gays from having sex , you busy saying sin sin who knows if your wife or husband ,boyfriend or girlfriend has a same sex relationship ,just using you as cover up but its non of my business.

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  34. I wonder what sort of Rev. he is and which Bible he reads. We do not need such advice for a man ordained by God to preach God’s word. Am very disappointed, what a shame! Cry my beloved nations for the anti Christ are here. Preaching against what the Lord wants.

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  35. Life without control is uncontrolled life. Regulations are put in place to regulate. A woman is there to satisfy the man. Unless you are saying God’s plan had a flop when he designed a woman to complete his creation of human beings. One wonders how we shall fill the earth when men go for fellow men

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    • Is really the Author of the article a Reverand? Are animals wiser than us human beings? If the answer is No, why are they able to distinguish between male and female?

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