Two deny same sex act

Gay couple 1TWO men of Kapiri Mposhi allegedly involved in a same-sex relationship on May 9, 2013 appeared in the Magistrate’s Court and denied charges of having sex against the order of nature, Zambia Daily Mail reports.

Phillip Mubiana and James Mwape, both aged 21, appeared before Kabwe resident magistrate John Mbuzi who sat in Kapiri Mposhi.

Mubiana, a hairdresser of Kapiri’s Ndeke, and Mwape, a bricklayer of Soweto, also in Kapiri Mposhi, were ushered into a crowded courtroom around 11:04 hours by a police officer as their relatives urged them to cover their faces to avoid recognition.

Sporting treated hair and in blue jeans, black cardigan and red slippers, Mubiana sat next to Mwape, who was wearing blue jeans, an orange T-shirt and white coat.

Both looked down to avoid the curiosity of Kapiri Mposhi residents who filled the courtroom and grounds.

But before taking plea, Mr Mbuzi ordered Mubiana and Mwape to stand upright and face the court.

People inside the courtroom hang on to every word and those who could not make it into the courtroom clung to windows to catch a glimpse of the two.

Mubiana was the first to give plea in Bemba and denied the charge of having sex against the order of nature.

“I plead not guilty,” Mubiana told Mr Mbuzi and seconds later, Mwape also said: “I deny the charge” as some people murmured.
Asked to give his plea to count three, Mubiana said: “I have nothing to say… I am waiting for my lawyer.”

Mwape told the court that he was also waiting for his lawyer but later responded that he understood the charge and pleaded not guilty.
As the murmuring grew louder, Mr Mbuzi warned that spectators would not be allowed in the courtroom when the matter comes up, to maintain order.

In the first count, Mubiana is charged with an unnatural offence contrary to section155 (a) of the Penal Code Chapter 87 of the Laws of Zambia, as read with amendment Act number 15 of 2005.

On dates unknown but between April 11 and April 25, 2013 in Kapiri Mposhi, he is alleged to have had carnal knowledge of Mwape against the order of nature.

Mwape is also charged with an unnatural offence (in count one), contrary to section 155(c) of the Penal Code Chapter 87 of the Laws of Zambia, as read with amendment Act number 15 of 2005.

Between April 11 and April 25, 2013 in Kapiri Mposhi, Mwape is alleged to have permitted Mubiana to have carnal knowledge of him against the order of nature.

Mubiana is also facing another charge of an unnatural offence, contrary to section 155(a) of the Penal Code Chapter 87 of the Laws of Zambia, as read with amendment Act number 15 of 2005.

On May 5, 2013 in Kapiri Mposhi, Mubiana is accused of having carnal knowledge of Mwape, against the order of nature.
Mwape is alleged to have permitted Mubiana to have carnal knowledge of him, an act that is against the order of nature.
Police allege that the offence took place on May 5, 2013 in Kapiri Mposhi.

“I enter a plea of not guilty in all the counts,” Mr Mbuzi told the duo, amid murmurs in court.

Trial commences on May 22 and the accused persons will be remanded in custody.

Earlier, Mr Mbuzi ordered a woman to leave the court for making noise and ordered a man to surrender his mobile phone to the court, as he was recording the court proceedings.

When Mr Mbuzi adjourned the matter, people trooped out of the courtroom and positioned themselves outside to catch a glimpse of the two.

Scores of Kapiri residents jostled to take pictures of the two on their mobile phones, as the duo was being led to a holding cell.

Earlier, a relative admonished Daily Mail senior photographer Aggrey Banda, who was taking pictures of Mubiana and Mwape.
“These people also have rights… you should ask before taking pictures,” the relative protested.

Some shouted: “We want to see the bride” and jeered as a Land Cruiser carrying the duo headed for Kapiri Mposhi Police Station.
Recently, Mannaseh Phiri, a reproductive health doctor and activist, called on the media to take caution in the tone they use when reporting on the “sensitive” issue so that anti-gay sentiments do not grow in Zambia. Sodomy is against Zambian laws.

Daily Mail