Zambia’s President Pardons Gay Couple

By Paul Shalala

The two men talk to their lawyer Daniel Libati shortly 

after they were convicted in Kapiri Mposhi in 2018.

-Picture courtesy of The Punch

Six months after they were sent to jail to serve a 15 years sentence, two men who became the first Zambians to be convicted for homosexuality are now back home, thanks to a Presidential pardon.

Steven Sambo and Japhet Chataba found themselves among 2,984 prisoners who were pardoned by President Edgar Lungu on the eve of African Freedom Day (Africa Day) which was observed on Monday.

According to the Government Gazette number 6,874 published on Friday last week, Chataba and Sambo are listed as number 2,561 and 2,562 respectively on the list of pardoned prisoners.

In August 2017, the two men found themselves in a bitter fight at a lodge in Kapiri Mposhi where they allegedly had sex.

Kapiri Mposhi is a transit town in central Zambia which has had three court cases involving homosexuals, two of which ended in acquittals.

In a video which went viral on social media in 2018, Chataba was filmed forcibly dragging Sambo back into a room at a lodge as he allegedly tried to run away from his partner.

As the two men fought each other and ended up back in the room again, lodge workers and onlookers filmed the episode on their mobile phones, footage which later proved to be critical evidence during trial. 

The Government Gazette which carries names of 

those pardoned, including Sambo and Chataba.

A day after the incident, the two men were arrested and charged with practicing what the Penal Code describes as “unnatural acts.”

During trial which took a year, several witnesses were called to the stand.

They included workers at the lodge, a medical doctor and the arresting officer.

It was alleged that the two men had carnal knowledge of each other.

Sambo and Chataba were convicted by the Kapiri Mposhi Magistrate’s Court on 3rd August 2018 but were only sentenced by the High Court in November 2019.

The 15 year sentence sparked a diplomatic row between Zambia and the United States of America.

Then US Ambassador to Zambia Daniel Foote expressed support for the two which led to a sharp reaction from the Zambian government.

Later, the United States government recalled Mr Foote back to Washington, DC.

According to the Penal Code, homosexuality is illegal in Zambia and it carries a 15 year sentence.

Zambia is a largely conservative country which outlaws homosexuality.

Its powerful church mother bodies do not approve of homosexuality.

However, the country has a handful of organizations which champion the rights of homosexuals who are estimated to be in their hundreds. 

Jailing Of Homosexuals Sparks Zambia-US Diplomatic Row

By Paul Shalala

Chataba and Sambo talking to their lawyer Daniel Libati

last year. -Picture courtesy of The Punch newspaper

A diplomatic row has broken out between Zambia and the United States after two Zambian men were recently sentenced to 15 years each for practicing homosexuality.

The two men, 39 year old Japhet Chataba and 31 year old Steven Sambo, are the first Zambians to ever be convicted and subsequently sentenced for practicing homosexuality.

On 25 August 2017, a video of the two men dragging each other at a lodge in the central Zambian town of Kapiri Mposhi went viral on social media, sparking huge debate about homosexuality in this deeply conservative Southern African country.

In the video, Chataba was seen dragging Sambo back into the lodge where they allegedly had more sex.

The video formed part of the prosecution evidence during trial which was handled by Kapiri Mposhi Resident Magistrate Ackson Mumba who later convicted the two on August 3, 2018 and committed them to the Kabwe High Court for sentencing.

And last week, the High Court sent the two men to jail for 15 years, the minimum sentence people charged with “unnatural acts” can receive.  

This sentence resulted in a strongly worded statement by the United States Ambassador to Zambia Daniel Foote who brought in various issues to the debate.

“I was personally horrified to read yesterday about the sentencing of two men, who had a consensual relationship, which hurt absolutely no one, to 15 YEARS imprisonment for “crimes against the order of nature. Meanwhile, government officials can steal millions of public dollars without prosecution, political cadres can beat innocent citizens for expressing their opinions with no consequences, or poachers/traffickers can kill numerous elephants, barbarically chainsaw and sell their tusks, and face a maximum of only five years imprisonment in Zambia,” said Ambassador Foote.

The American envoy added: “Decisions like this oppressive sentencing do untold damage to Zambia’s international reputation by demonstrating that human rights in Zambia is not a universal guarantee. They perpetuate persecution against disenfranchised groups and minorities, such as people from other tribes or political affiliations, albinos, the disabled, our lesbian, gay, bisexual, transgender, and intersex (LGBTI) brothers and sisters, and anyone who is deemed “different.”

This statement led to a sharp reaction from Zambia’s chief diplomat.

“The Government of the Republic of Zambia takes great exception to the remarks made by the Ambassador on the decision by the High Court as well as his comparison of the homosexuality case to other cases of alleged thefts by government officials, political violence and poaching. The Ambassador may wish to note that all cases that are brought before the courts of law are adjudicated based on the available evidence.  It is extremely unfair and highly misleading to suggest that such cases are never brought before the courts of law,” said Zambia’s Foreign Affairs Minister Joseph Malanji.

Malanji added that Zambia is a signatory to major international and regional treaties protecting human rights and has several well-established institutions to promote and protect human rights. 

The sentence made it to the front pages of daily newspapers

At a press briefing in Lusaka, the Foreign Affairs Minister disclosed that he phoned the American envoy to express Zambia’s disappointment with his reaction to a matter he considers domestic.

And in a post sentence interview with foreign media, Zambia’s President Edgar Lungu said the Southern African country will not be bullied into adopting what he termed “foreign practices.”

“We cannot allow homosexuality in Zambia. We cannot be forced to allow men to marry men because even animals do not do so,” said President Lungu in an interview with British news channel Sky News a few days ago.

And one of Zambia’s prominent diplomats Emmanuel Mwamba says Ambassador Foote’s statement is in contrast with US President Donald Trump’s policy push that revises pro-LGBTQ rights and protection aggressively promoted by his predecessor Barack Obama.

Mwamba, a journalist who is currently serving as Zambia’s Ambassador to Ethiopia and the African Union, says President Trump promotes pro-family policies.

“The Trump administration has withdrawn special privileges fronted as "rights" granted to the LGBTQ community by the Obama administration in; healthcare, employment, housing, education, commerce, the military, and prisons. President Trump also issued an Executive Order to create obstacles for people seeking to enter the U.S. on the basis of LGBTQ alleged discrimination or harassment from conservative countries that ban or do not recognize these LGBTQ rights. The administration has also cut spending to the President's Emergency Plan For AIDS Relief (PEPFAR) for programs related to abortions and LGBTQ,” wrote Ambassador Mwamba in his opinion piece published by Mwebantu, an online news outlet.

Chataba and Sambo's  case has brought the issue of homosexuality back to the limelight.

Various interest groups, including churches have commented on the matter.

Because of the sensitivity of the matter, a few LGBTQ organisations operating in Zambia have not commented openly on the sentence for fear of the law.

In the past, about two cases involving homosexuality had been dismissed by the courts of law.

Coincidentally, the two cases were both held in Kapiri Mposhi, the same town where the recent case was tried too.

Kapiri Mposhi is a transit town in central Zambia which is located at an intersection of both rail and road junctions heading north to Tanzania, the Democratic Republic of Congo and south to Lusaka and other places in the south of the country.

Somizi Denied Entry Into Zambia Over Homosexuality

Somizi Mhlongo -Photo courtesy of PR Girl Media

By Paul Shalala

Zambia has banned South African artist Somizi Mhlongo from entering the country over his sexuality.

Minister of Religious Affairs and National Values Godfridah Sumaili says Somizi is not welcome in the country because he is openly gay.

Reverend Sumaili says Zambia will not welcome people who she described as having “questionable” characters.

“Every country has laws. Here in Zambia, we have a constitution that guides citizens on morals and its Christian values. We do not condone gayism. It is a crime and inviting such people means we are slowly accepting the vice,” Said Rev. Sumaili as quoted by the state-owned Times of Zambia newspaper.

She was referring to the preamble of the Zambian constitution which describes the country as a “Christian Nation.”

The “Christian Nation” declaration itself was made by Zambia’s second president Frederick Chiluba in December 1992.

Before that, Zambia was a secular state under the 27 year rule of its founding president Kenneth Kaunda.

Somizi has been invited by PR Girl Media, an influential public relations firm run by women which is organising a fashion show to be held in Lusaka in July.

The Idols SA judge was invited to come and show off his fashion at the event which has been dubbed “Lusaka July.”

On 19 June, PR Girl Media announced Somizi’s invitation in a tweet.

“It is not a secret anymore, an invitation has been sent out to fashion icon Somizi to attend the Lusaka July. We are just as anxious as you are for a YES!” reads the tweet from the handle @PRGirlMedia.

The announcement was retweeted seven times and liked 31 times.

Within hours of the tweet being sent out, social media in Zambia was ablaze with a debate on homosexuality.

The Zambian government did not hide its stance on the matter as Rev. Sumaili led others in opposing the invitation.

Information and Broadcasting Services Permanent Secretary Chanda Kasolo has also backed the banning of Somizi from the country.

“He recently got engaged to another man. Is that the sort of thing we can allow in this country? No, he isn’t welcome here,” said Kasolo in an interview with the state run Zambia National Broadcasting Corporation.

But PR Girl Media has described the banning of Somizi as fake news.

On Friday, the PR agency posted a newspaper cutting in which the Minister of Religious Affairs was quoted banning Somizi and the agency captioned the tweet with the words FAKE NEWS!!!

In an earlier statement issued on Tuesday last week, PR Girl Media urged its followers to wait for an official announcement over the Somizi issue.

“South African celebrity and TV personality Somizi has not yet confirmed to make an appearance at the upcoming Lusaka July event. While we appreciate your engagement and positive response to our social media post made by our team earlier today, we kindly urge you to wait the official announcement from PR Girl Media and Somizi,” read the statement.

But some Zambians are opposed to the decision by government to bar Somizi from the country.

Award-winning Zambian writer Ingrid Nayame says denying Somizi entry into Zambia is against international human rights laws.

“Zambia is a signatory to International Treaties under International Human Rights Law and the Universal Declaration of Human Rights. It is illegal to refuse entry into the country of anyone based on their race, gender, sexual orientation or religion or HIV status. The right to equality and non-discrimination are core principles enshrined in the United Nations Charter and Human Right Treaties,” wrote Nayame on her Facebook page.

She cited the International Covenant on Economic, Social and Cultural Rights and one of those protocols that guarantee Somizi’s rights to enter Zambia.

“The right to privacy is the protected freedom under the Universal Declaration of Human Rights. So what someone does in their bedroom has nothing to do with the State,” she added.

Somizi joins a list of influential artists, politicians and religious leaders from abroad who have been denied entry into Zambia for various reasons.

South Africa’s opposition DA leader Mmusi Maimane was turned away at the airport in May 2017 when he came to offer solidarity to UPND leader Hakainde Hichilema who was in detention.

In the same year, Prophet Ubert Angel of Zimbabwe was denied entry into the country.

A promotional poster for the event Somizi was invited for

And in March 2018, popular South African dancer Zodwa Wabantu was detained at the airport upon arrival in Zambia and sent back on another flight to South Africa after Rev. Sumaili said her dances are “immoral” and “Unchristian.”

Zodwa is popular for dancing without underwear and she reportedly told South African media before departure for Zambia that she would dance without underwear despite opposition from Zambian authorities.

President Lungu created the Ministry of Religious Affairs and National Values in September 2016 which is charged with the responsibility of guiding the nation on what are called religious and national values. 

Two Zambian Men Convicted Of Homosexuality, Await Sentencing

Sambo and Chataba talk to their lawyer Daniel Libati 
after being convicted -Picture courtesy of The Punch

By Paul Shalala

Two men in their thirties have become the first to be convicted of homosexuality in Zambia and they are waiting to be sentenced for possibly 15 years in jail.

This morning, the Kapiri Mposhi Magistrates Court convicted the two men of Ndola and Kapiri Mpposhi.

Kapiri Mposhi Resident Magistrate Ackson Mumba this morning found 38 year old Japhet Chataba and 30 year old Steven Sambo guilty of performing what the law terms as unnatural acts.

Passing judgement in a case which has taken exactly a year, Magistrate Mumba observed that the decision by the accused to remain silent after being put on their defence showed that they were guilty.

Magistrate Mumba added that the accused persons remained silent in the face of unchallenged, credible and reliable evidence from the prosecution.

He further said the fact that Sambo allowed his fellow accused Chataba to insert his penis into his anus is proof enough that the two practiced unnatural acts and committed an offence according to Section 155 of the laws of Zambia.

Magistrate Mumba said according to the law, both the person who inserts and the one who is inserted commit offences.

After the judgement, Sambo and Chataba were remanded in custody awaiting sentencing in the High Court.

On August 25 last year, Chataba was filmed by Kapiri Mposhi residents dragging  Sambo back into a room at a lodge were they allegedly had sex.

As they fought, Sambo was heard shouting that he was tired but Chataba insisted that they get back to the room and continue having sex.

A video of the tussle, which went viral on social media, was one of the pieces of evidence which the prosecution presented against the two including witnesses such as the workers at the lodge, a medical doctor and the arresting officer who testified against the two.

On 7th May this year, the two men were found with a case to answer and were put on their defence by the Magistrate.

On that day, the court was fully parked with friends and relatives of the two who came to hear the magistrate's ruling.

However, after being found with a case to answer, the two men opted to remain silent and instructed their lawyer Daniel Libati to file written submissions.

Intelligence Officer Arrested for Homosexuality

By Paul Shalala

An Intelligence Officer from the Office of the President (OP) in Luwingu District, Northern Province has appeared before the  Magistrate Court for unnatural offences contrary to section 155 (a) of chapter 87 of the laws of Zambia.

Practicing homosexuality is illegal in Zambia and it carries a penalty of 15 years.

33 year old Moses Chanda of Lupili Township in Luwingu, appeared last week before Magistrate Davies Simfukwe for allegedly having canal knowledge of a 15-year-old boy of the same compound.

The Zambia News and Information Services (ZANIS) reports that on a dates unknown, but between 20th and 26th June 2018, Mr Chanda allegedly had canal knowledge of a named boy.

But during plea, the suspect denied the charge.

The matter has since been adjourned to 11th July, 2018 for commencement of the trial.

Mr Chanda is remanded at the Luwingu Correctional Facility.

This is the second case of homosexuality before the courts in Zambia at present.

In the central town of Kapiri Mposhi, two men are awaiting judgement after they were found with a case to answer in a matter where they are accused of practicing homosexuality.

On 7 May this year, Kapiri Mposhi Magistrtate Ackson Mumba found 30 year old Steven Sambo and 38 year old Japhet Chataba with a case to answer after both the prosecution and the defence finished presenting their witnesses.

The two are due for judgement on 20 July.

Defence And Prosecutors "Undo" Each Other In Homosexual case

The Zambian flag drapped in LGBT colours

By Paul Shalala

Kapiri Mposhi Resident Magistrate Ackson Mumba is on Thursday expected to deliver judgement in a case where two men are accused of homosexuality.

In this case, which has been before the Kapiri Mposhi Magistrate’s Court since August last year, a 38 year old man is accused of having unlawful carnal knowledge of a 30 year old man.

Both the state and the defence have filed their final submissions in a case where two male adults are accused of practising homosexuality in Kapiri Mposhi District in Central Province.

In this case, 38 year old Japhet Chataba and 30 year old Stephen Sambo are charged with practicing unnatural acts, an offence which attracts 15 years in jail.

In a widely circulated video on social media, the two men were allegedly seen pushing each other around until they entered a lodge where they are alleged to have engaged in sex.

Chataba, who was seen in the video dragging his friend into a room, is charged with one count of unnatural offences contrary to Section 155 (a) of the Penal Code, Chapter 87 of the laws of Zambia as read with Act No. 15 of 2005.

He is accused of having had sex with his co-accused Sambo.

On the other hand, Sambo, who in the video pleaded with people to call the Police to rescue him, is also charged with unnatural offences contrary to Section 155 (c) of the Penal Code, Chapter 87 of the laws of Zambia as read with Act No. 15 of 2005.

He is accused of having allowed Chataba to have sex with him.

According to the Zambian laws, the two offences state as follows:

Section 155 (a) of the Penal Code Act, Chapter 87 of the Laws of Zambia

155.    Any person who-

(a)        has carnal knowledge of any person against the order of nature; or

commits a felony and liable, upon conviction, to imprisonment for a term not less than fifteen years and may be liable to imprisonment for life

Section 155 (c) of the Penal Code Act, Chapter 87 of the Laws of Zambia

155.    Any person who-

(c)        permits a male person to have carnal knowledge of him or her against the order of nature;

commits a felony and liable, upon conviction, to imprisonment for a term not less than fifteen years and may be liable to imprisonment for life.

The two accused persons were on 7^th May found with the case to answer and put on their defence.

Magistrate Mumba said he found a prima facie case against the two and set June 21 as day for judgement.

And now, the Defence has submitted its written arguments in which it calls for the two men to be set free.

The accused are represented by lawyer Daniel Libati of Abha Patel and Associates of Ndola.

In his final submission, Libati said the evidence brought before the court against his clients was badly discredited and caused doubts which should lead to his clients being freed.

Reacting to the five witnesses who testified in the matter, Libati said: "Prosecution Witness Number 1 Lisa Mwangala made several admissions in favour of the accused persons. The admissions highlighted herein, raised doubts on the State’s case against the accused, which doubts this Court is being urged to resolve in favour of the accused."

He recalled that Ms Mwangala said “She had no evidence that Changala had indeed purchased condoms from her with an intention to have sexual intercourse with, carnal knowledge of Sambo.”

Libati said the witness had no evidence that her claim that she saw both accused persons naked in a lodge room, except that she spoke the words that she had indeed seen them and that she had no evidence apart from her verbal testimony that she saw Chataba’s penis being inserted in Sambo’s anus.

The defence also said another witness Musakanya Chileshe failed to prove before caught that he saw the two having sexual intercourse.

On Prosecution Witness Abel Sampa, the defence argues that his testimony that he saw Chataba wearing a condom during the sexual act is not factual because the said condoms were never presented in court and that his evidence was in contradiction with Mwangala.

Libati, who also weighed in on the medical evidence from Dr. Koko Dikowa which started that there was no evidence to show any sodomy having taken place between the two accused persons.

“He produced documents initially marked as “ID2” and “ID3” later produced as “P2” and “P3” as medical reports signed by him confirming that there was no evidence of sodomy from his testing of both Accused persons,” said Libati.

Further, the Defence states that the arresting officer Rex Kafula actually revealed to the court that his investigations had no evidence of Chataba having carnal knowledge of Sambo.

He adds that even though Detective Constable Kafula brought to Court a photo album, none of the photos in that album depicted  the two accused persons having sexual intercourse.

“He did not examine the penis of Chataba  to determine that indeed this was the penis appearing on the photos he produced as as part of State Evidence. The photos brought to court depicting  human penis did not show the face of the owner and as such the  owner could not be identified,” he said.

The defence further argued that the video produced in Court by the Prosecution did not show the two accused persons having sexual intercourse but rather showed them involved in a fight.

But in its submission, the Prosecution, led by Cheelo Mulambe, has called on the court to convict the two based on the evidence adduced in court.

“The prosecution called 5 witnesses and all gave sworn testimonies thereby giving chance to the accused persons (defence) to cross examine them or discredit their evidence as it were and their evidence is on record,” stated Cheelo.

He further said the defence failed to rebut the evidence given in court.

       

Cheelo added that the evidence discharged was directly linking Chataba and Sambo to the facts.

“Concerning the non production of the condoms, PW5 (arresting officer) categorically testified that at the scene there was commotion or disorder such that it was difficult to collect anything. The mob of people would have pounced on the accused persons for their conduct,” he added.

And on the decision by the two accused persons to remain silent after being found with a case to answer last month, the Prosecution said: “The accused persons though their legal rights opted to remain silent thereby the submission of defence that the accused persons were fighting can not suffice as those people alleged to have been involved Affray did not testify but it has just reflected in the submissions, Your honor, sure how can we cross examine issues raised just in the submissions.”

He said the evidence given by the five witnesses and the photos presented by the arresting officer proves the Prosecution’s case.

“Your Honor, this case as a matter of law we have corroborated it very well such that the evidence of PW1-PW5 and exhibits P1-P6 has remained unchallenged in connection of the offence charged. In the fore goings, our humble prayer to you your Honour is to convict all the accused persons as charged.

On Thursday, Resident Magistrate Mumba will deliver his judgement in the case which has raised international interest.

This is the second such case involving alleged homosexuality in Kapiri Mposhi, a transit town in Central Province.

In the first case, two men Phillip Mubiana and James Mwape were arrested in May 2013 for homosexuality and spent eight months behind bars for eight months before being acquitted the following year.