Prison
< 1 min read

Two men are now facing the possibility of more than a decade in prison following being convicted of engaging in homosexual activity in Zambia.

The case that had reportedly been referred to the High Court in Kapiri Mopshi for sentencing, included two defendants, 38-year-old, Japhet Chabata, and 30-year-old, Stephen Shambo who pleaded not guilty.

The case which has been going on since October 2017, included no defendant witnesses,  and five prosecution witnesses, who claim they saw the two defendants having sex at a lodge in Kapiri Mposhi, in August 2017.

The magistrate, Ackson Mumba, concluded that the prosecution had proven its case beyond a reasonable doubt, with the defendants being forced to undergo an anal examination, which was conducted 10 days after they allegedly engaged in gay sex.

According to local media reports, the doctor who conducted the examinations concluded that the results of the exam “were inconsistent with the allegations,” however added that the examination does not “exclude the possibility of sodomy.”

The successful prosecution case follows a constitutional petition that was heard at the Mombasa High Court in 2016, which challenged forced anal examinations on people suspected to be involved in same-sex activities.

The legal team defending the two men are yet to make comment on the case. Both Chataba and Sambo have since returned to holding cells while they wait for their sentencing.

The Zambian penal code prohibits same-sex sexual activity. Individuals who have been convicted of engaging in Homosexual sex are liable to face imprisonment of 15-years to life.

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