TWO men of Kapiri Mposhi dragged to court for allegedly practising homosexuality are tomorrow expected to hear the court’s verdict.
Kabwe principal resident magistrate John Mbuzi has been hearing the case involving Philip Mubiana, a hair dresser, and his alleged partner James Mwape, a brick-layer, since May 8, 2013.
Both men are aged 21 and are being represented by SNB Legal Practitioners.
Delivering of judgment was initially set for May 30 this year but was adjourned to June 16 this year on grounds that Mr Mbuzi did not receive submissions from one of the parties on time and that the defence was not communicated to on the new date.
Kapiri Mposhi magistrate in-charge Ackson Mumba last Monday adjourned judgment to June 23.
Mubiana, spotting a long-sleeved black shirt and tight black trousers, and Mwape, dressed in a grey long-sleeved shirt and blue jeans trousers, were ushered in court around 09:55 hours for a brief appearance before Mr Mumba.
Mr Mumba told the duo that Mr Mbuzi was not in court because the defence had indicated that it had not been informed in time about the new date for delivery of judgement.
“It appears that there was a mis-communication. The PRM [principal resident magistrate]was ready to come,” Mr Mumba said.
Mr Mumba said Mr Mbuzi had communicated to him that he would deliver his judgement tomorrow.
Earlier, public prosecutor Alex Cheelo informed Mr Mumba that Mubiana and Mwape were in court because their case was coming for judgement.
Mr Cheelo said: “The two accused persons are present. It is the matter that is before the PRM and it is today [June 16] scheduled for judgement.”
Mr Cheelo asked for the court’s guidance on the way forward since the trying magistrate was not in court.
In count one, Mubiana allegedly permitted Mwape, between April 11 and April 25 last year, to have sex with him against the order of nature.
In count two, it is alleged that Mwape, on unknown dates but between April 11 and April 24 last year, permitted Mubiana to have sex with him against the order of nature.
Mwape in count three is accused of having permitted Mubiana to have sex with him on May 5 last year while Mubiana also faces the same offence in count four.
The two have denied any wrong-doing, but Mr Mbuzi in March this year found them with a case to answer and put them on their defence.
They were arrested April last year and have been in custody since then.
The court denied them bail after the State countered the defence application for bail.
Zambia Daily Mail