Zambia: Two Men Accused of “Carnal Knowledge Against the Order of Nature”

Salc : Staff Writer

SALC supported the defence of two Zambian men who were charged under section 155 of the Zambian Penal Code. In terms of section 155 of the Penal Code, any person who (a) has carnal knowledge of any person against the order of nature; or (c) permits a male person to have carnal knowledge of him against the order of nature; commits a felony and is liable, upon conviction, to imprisonment for at least fifteen years to life. This section was amended by Act 15 of 2005.

The two men were arrested on 5 May 2013 and the trial commenced later that year. On 4 March 2014, Magistrate Mbuzi ruled that the defence has a case to answer. On 13 March 2014 the defence called a medical specialist to provide expert evidence to counter the State’s medical evidence. The trial was concluded on 26 March 2014. The two men were finally acquitted on 3 July 2014 after spending more than a year in custody.

The men were represented by Sunday Nkonde SC from SBN Legal Practitioners with support from SALC.

Summary of Kapiri Mposhi case.

Commentary on case.