.Paul Kasonkomona
By NAKUBIANA SHABONGO –
GAY rights activist, Paul Kasonkomona was yesterday acquitted on the charge of idle and disorderly conduct after he appeared on Muvi television where he allegedly solicited for homosexual rights to be respected in Zambia.
Making a ruling pursuant to section 206 of Cap 88, Senior Resident Magistrate, Lameck Ng’ambi said elements of the case had not proved any soliciting for homosexual rights to be respected in Zambia.
He said the programme by Muvi TV on which Kasonkomona appeared was a platform for people to express their opinions where the public was at liberty to participate.
He said the Kasonkomona was speaking on a topic that was repulsive to many people at that time but he did not solicit under the ambit of the section in question.
“Homosexuality is illegal in Zambia but to discuss it is something else, in fact homosexuality is something that is frowned upon by most people in the country. However the evidence on the record is the accused was not engaging anyone to practice homosexuality,” Mr Ng’ambi said.
Kasonkomona, 38, who was represented by Sunday Nkonde from SBN was arrested in April last year and charged with idle and disorderly conduct in a public place contrary to section 178 (g) of the Penal Code.
Meanwhile, the matter in which former Zambia Railways Chief Executive Officer Clive Chirwa and finance director Regina Mwale are accused of authorising a payment of over K289,000 to Fallsway Apartments for accommodation yesterday failed to take off due to the absence of lawyers representing the two.
Chirwa, 59, of Lusaka and Mwale, 50, of Kabwe, are appearing before Lusaka principal resident magistrate Obbister Musukwa, charged with failure to disclose interest and abuse of authority of office and were last Thursday supposed to appear before the court but they did not for unknown reasons.
Magistrate Musukwa cautioned the accused persons to request for permission to be excused, as the court had no record for the reasons of their absence last week. The matter has since been adjourned to March 10 for continued trial.
And the case in which former MMD national secretary Richard Kachingwe was allegedly assaulted by party cadres has been adjourned to May 5, because defence lawyers had other commitments.
