Continuation of trial in the case in which two men of Kapiri Mposhi district are appearing in court for allegedly practicing homosexuality failed to take off this afternoon in the Magistrate Courts.
This was because defense lawyer, Sunday Nkonde, State Counsel of SNB Legal Practitioners of Lusaka was unavailable as he was disposed.
SNB Legal Practitioners Defense Counsel Bwalya Mubanga applied for an adjournment of the case to later dates pending the recovery of Mr Nkonde .
Kabwe Principle Resident Magistrate John Mbuzi adjourned the case to 31st July and 14 August 2013 for mention and 28th and 29th August for continuation of trial.
The State was ready for continuation of trial in the case and had called two more witnesses, Chief Inspector Rayford Hamwanze from Kapiri Mposhi Zambia Police Station and a Mr. Wakumelo Machobani.
Four state witnesses including the sister to one of the accused, Philip Mubiana have so far testified in the mater in which the state intends to call-up six witnesses.
Trial in the matter commenced on 10 June 2013 before Kabwe Principle Resident Magistrate John Mbuzi.
This is in the case in which James Mwape, a bricklayer and Philip Mubiana a hair dresser both aged 21 and residents of Ndeke and Soweto compounds respectively in Kapiri Mposhi are facing four counts of engaging in homosexuality.
In the first count Philip Mubiana is charged with the offence of committing unnatural offences contrary to section 155 (c) of the penal code chapter 87 of the laws of Zambia as read with amended Act number 15 of 2005.
Particulars of the offence are that Mubiana, on unknown dates but between 11 and 25 April 2013 in Kapiri Mposhi of Central Province did permit a male person, James Mwape to have canal knowledge of him against the order of nature.
In the second count James Mwape is charged with committing an unnatural offences contrary to section 155 (c) of the penal code chapter 87 of the laws of Zambia as read with amended Act number 15 of 2005.
Particulars of the offence are that Mwape, on dates unknown did permit a male person Philip Mubiana to have canal knowledge of him against the order of nature.
In the third count James Mwape is charged with committing an unnatural offence contrary to section 155 (a) of the penal code chapter 87 of the laws of Zambia.
Particulars are that on 5th May 2013 in Kapiri Mposhi Mwape had canal knowledge of a male, Philip Mubiana against the order of nature.
And in the fourth and last count Philip Mubiana is charged with an offence of committing an unnatural offences contrary to section 155 (c ) of the penal code chapter 87 of the laws od Zambia as read with amended Act number 15 of 2005.
Particulars before court are that on 5th May 2013, Mubiana, while at Kapiri Mposhi district in Central Province did permit a male person James Mwape to have canal knowledge of him against the order of nature.
Mwape and Mubiana entered a plea of not guilty earlier.
The duo was arrested on 4th May 2013 for allegedly engaging in homosexuality contrary to the laws of Zambia as read with amended Act number 15 of 2005.
The duo are remanded in police custody.
ZANIS
Zambian laws are fickle and in many instances abuse human rights.
Case in point.- Austin Liato looted govt coffers and buried it in his back yard, we all saw the evidence and he is a free man.
Why are these two men in Kapiri would didn’t steal or hurt anyone remanded in prison?
Princess, I am with you on this one.Actually, I am with you on a lot of things. The more they adjourn, the longer they stay incarcerated. Liato got one year. As the law stands now, these guys face a minimum of 14 years.
There’s no evidence that he looted government coffers. Please tell us the government Account numbers from which he looted.
Abanensu ba tunku tunku yamu ntungu.All the best.
Am sure they would love to make jail their permanent residence it’s like being on honeymoon forever!
That’s a sick joke Cindy.
was the DNA taken from the assy of one of these fellows to verify that the other fellow planked his John into someone assyhole? if not, were they caught red handed? In most homes. girls bedroom and bed, same with boys. having a big assyhole does not mean someone was plunging his kamathing deep inside. no
girls share bedroom and even the bed itself, same with boys
?????????
guys are people too and have the rights, is Zambia turning to a muslim country**? leave them alone
Patrick, christian fundamentalism is just as messed up as Islamic fundamentalism. Remember the inquiitions when they burnt people and so-called heretics we put to death. Zambian christianity (in general, because there are of course some Zambian christians who are still sane) is taking us back about 3000 years…
These guys must go to jail.The Zambian laws forbid unnatural sexual conduct.Its against the laws of natural and also against Gods intention of letting human being procreate themselves.If God wanted men to sleep with men Eve would have been created.Even a male goat knows that he cannot mate with another male goat and mounts on a female goat!Men who sleep with other men in the name of human rights are wrong!Let these guys go to jail,period!!
Which God? Is it your God? Does everyone believe in your God? And who decides what is natural and unnatural? Stop poking your long nose into other peoples’ sexual shenanigans. Is your life so boring that all you do is wonder about who is sleeping with whom?
As much as i hate the idea of homosexuality and all these vices and would want these people to go to jail as a lesson to any one thinking they can get away with it, i am also inclined to comment that perhaps these two men have been treated some what unfairly. we have foreigners coming into our country sometimes even as senior staff in companies and practice homosexuality openly, never heard of one who went to jail. In the end us Christians have an uphill battle every day to defend our values and the right to live with our values. Perhaps the law will take its course but how many people living in this beautiful country are practicing homosexuality and corrupting our young men for money. Plenty and now that the pandora’s box is open let us see how many people will be prosecuted for…
Although the are biologically both male their sexual orientation are different. What measures has the state taken to safeguard he privacy of their inmates and the accused? Secondly it the charge “against the order of nature” is very wrong because sexual feelings are psychological feelings determined by hormones which are natural feelings. If a person ‘s sex hormones are such that they are need of sex with someone of the opposite or same sex does not contravene the order of nature. YOU mean in Zambia there are no psychologists? Work up you Zambians .
In Uganda and Zimbabwe they just kill amabagas. Stop wasting the court’s time please and do us some favour.
Well, Zambia is not Uganda neither is it Zimbabwe. Do it yourself if your wanna kill em. Otherwise, mind your on sexual life!
Question mark are you writing from Naija? Oh no!
Lol