Zambian court convicts two men for gay sex
On Aug. 3, a court in Zambia convicted two men of engaging in homosexual activity. Under Zambian law, conviction for gay sex carries a prison sentence of 15 years to life.
The case was referred to the High Court in Kapiri Mposhi for sentencing.
According to news reports in the Lusaka Times and other Zambia newspapers:
The two defendants — Japhet Chataba, 38, a carpenter from Kapiri Mposhi, and Stephen Sambo, 30, a planning officer at Ndola City Council — pleaded not guilty in the case, which has been in process since last October.
Both Chataba and Sambo pleaded not guilty to the charge, but did not present any defense witnesses. The prosecution had five witnesses, including the arresting police officer. Four of the witnesses were eye witnesses, who said they saw Chataba having gay sex with Sambo on Aug. 25, 2017, in Room 16 at a lodge in Kapiri Mposhi.
The magistrate, Ackson Mumba, concluded that the prosecution had proven its case beyond a reasonable doubt.
The defendants were forced to undergo an anal examination, which occurred 10 days after they alleged engaged in gay sex. Mandatory anal exams are notorious for being both abusive and worthless in determining a person’s sexual behavior. The UN Special Rapporteur on torture has said that forced anal examinations amount to torture or cruel, inhuman, and degrading treatment.
According to the Lusaka Times, the doctor who conducted the results of the exam “were inconsistent with the allegations, [but the doctor added that the exam] does not exclude the possibility of sodomy.”
The defendants were represented by Daniel Libati of Abha Patel and Associates, a Ndola-based law firm. Libati had “no comment” on the outcome of the case when approached by members of the press.
Chataba and Sambo were returned to holding cells to await the sentencing.
In a similar case in Kapiri Mphoshi in 2014, two defendants were acquitted of homosexual activity after being held in prison for 14 months awaiting trial. In that case, family members testified that Philip Mubiana and James Mwape were living together as a gay couple, but had no eye-witness accounts of they engaging in gay sex.
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For as long as homosexuality reamins on the books as a punishable act, people will be remaining suffering from these in-human discriminatory laws! That is why on a national level as well as the international level all must fight these laws, and ensure that these completely outdatet and in all civilized countries dismissed laws will and shall be removed from the books! No human being should be punished for loving another human being, regardless of that love being between a male and a female, a male and male, or a female and a female! Love is not unnatural, and when love is punished the humanity looses its value and morals! The judiciary is able to dismiss inhuman laws and legislation, as they are (supposed to be) a-political, and free from political influences! That is why the Zambian judiciary must be educated by impartial bodies, amongst others on matters that involve individuals who on a consencial basis engage in physical, sexual interaction with eachother! Regardless of gender!
It’s very bad… Poor guys.