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. 

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.