Vandalism Act Zambia

[Dion Worles]

Speakingafter the TAZAMA pipeline security conference in Tanzania on Sunday, Zambia's Defense Minister Ambrose Lufuma said the meeting centered around the implementation of agreed upon security enhancements and expansion of the pipeline as well as the proposed TAZAMA gas pipeline.

"There have been security concerns (over vandalism), as the pipeline passes through communities in both countries. Previously, the pipeline was transporting commingled (oil) products, but now it has been upgraded to finished products, hence the need for further security," Lufuma said.

"This is why the present-day governments of President Samia Suluhu Hassan (of Tanzania) and Hakainde Hichilema of Zambia have demonstrated a commitment to ensure that the facility continues to be safeguarded for the benefit of our two nations and citizens," Makamba said.

Speaking during an anti-vandalism community sensitisation meeting in Mufulira yuesterday, ZESCO Head of Security, Hamulundo Kapika said the delay in reconnecting clients whose service cables have been stolen is because the company wants to switch from using copper to aluminum cables.

And when responding to complaints by residents, that some ZESCO employees are involved in the acts of vandalism, and are using the cables to privately connect clients at a fee, Mr.Kapika urged members of the public to report such officers, saying ZESCO will not tolerate such acts of corruption.

In the early hours of Wednesday, 3rd January 2024 in Kapiri Mposhi, Zambia, a collaborative anti-vandalism operation between ZESCO Limited Security personnel and the Zambia Police Service took a harrowing turn as Inspector Misheck Siakambala, a dedicated ZESCO security officer, was shot and left seriously wounded by a suspected vandal.

The incident unfolded in the vicinity of Lukanda B Primary School in Kapiri Mposhi District, Central Province, where the security team, comprising Inspector Siakambala, Security Sergeant Petronella Kapumpa, and Inspector Simon Zimba of the Zambia Police, aimed to secure an armoured cable that had been vandalized on 30th December 2023.

Senior Manager of Corporate Affairs at ZESCO Limited, Caristo Chitamfya, provided details of the incident in a statement. According to Mr. Chitamfya, the security personnel were met with violence when they encountered a group of suspected vandals at the scene. One of the assailants aggressively attacked Inspector Siakambala, attempting to disarm him in the process.

In the struggle that ensued, the suspect managed to pull the trigger, firing indiscriminately at the officers and inflicting serious injuries on Inspector Siakambala, who sustained gunshot wounds to the neck and abdomen.

Mr. Chitamfya revealed that the suspected vandal responsible for the attack also suffered a gunshot wound to the thigh and is currently receiving medical treatment at Mshimbili Hospital in Kapiri Mposhi.

The captured individual was found in the act of vandalizing and stealing ZESCO cables, accompanied by accomplices who managed to escape the scene. A manhunt has been launched to apprehend the fugitive suspects.

The incident underscores the dangers faced by those tasked with safeguarding critical infrastructure against vandalism and theft. Mr. Chitamfya further reiterates the ZESCO Limited and the Zambia Police Service commitment to combating such criminal activities and ensuring the safety of both their personnel and the public.

Public Relations Manager Hazel Zulu told ZBT that the electricity giant has recorded a total of 190 cases of vandalism in the 2nd quarter of 2020 worth about K1 million compared to 261 cases in the 1st quarter of 2020 which was worth about K1.7 million. The most vandalized items were Transmission towers, transformers and copper cables.

However, ZESCO is still concerned and saddened that installations are still targeted by vandals despite recording a reduction in the number of vandalism cases. Because these electrical equipment require huge amounts of money and investment.

Lesbian, gay, bisexual, and transgender (LGBT) people in Zambia face significant challenges not experienced by non-LGBT residents.[4] Same-sex sexual activity is illegal for both men and women in Zambia.[1]Formerly a colony of the British Empire, Zambia inherited the laws and legal system of its colonial occupiers upon independence in 1964. Laws concerning homosexuality have largely remained unchanged since then, and homosexuality is covered by sodomy laws that also proscribe bestiality.[1] Social attitudes toward LGBT people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity.[1] However, in recent years, younger generations are beginning to show positive and open minded attitudes towards their LGBT peers.

LGBT persons are subjected to human rights violations by police and authorities. Subject to arbitrary arrest and detentions, they suffer violence and abuse in custody. Police are reported to threaten and extort LGBT persons. Those prosecuted for same-sex conduct are subjected to the use of forced anal examinations for evidence-gathering purposes. Such procedures are invasive and traumatic and are widely condemned by medical authorities and human rights groups; they are discredited for the purpose of providing any evidence of same-sex sexual activity.

Other serious societal discrimination and abuse is directed towards LGBT persons. They may be targeted threats, stalking, vandalism, violence, and other hate crimes, including murders. LGBT people routinely face community harassment and discrimination, with little recourse to assistance from police or government.

In recent years, the onset of the internet has led to more positive support and opinions towards the LGBT community. The fast digitization of the country has led to exposure to more people and stories from different facets of life. This in turn has led to more open minded attitudes amongst the growing youth reducing discrimination and prejudice among people of different communities.

Same-sex sexual activity is proscribed by Sections 155 and 156 of Zambia's penal code (as amended 1933 and repealed and replaced by Act No. 15 of 2005).[a] The law criminalizes consensual same-sex sexual conduct, with penalties upon conviction for engaging in "acts against the order of nature" of fifteen years' to life imprisonment. Convictions under the lesser charge of "gross indecency" carries a penalty of up to fourteen years' imprisonment.[3][5][6][7][8]

Any person who- (a) has carnal knowledge of any person against the order of nature;[a] or ... (c) permits a male person to have carnal knowledge of him or her against the order of nature; commits a felony and liable, upon conviction, to imprisonment for a term not less than fifteen years and may be liable to imprisonment for life

The lesser offence of "indecent practices between persons of the same sex" is "any act of gross indecency" that a man commits with a man [s. 158, (1)] or a woman commits with another woman [s. 158, (2)]. These offences attract penalties of terms of imprisonment of between seven years and fourteen years.[6][9]

A child who, whether in public or private, commits any act of gross indecency with another child of the same sex or attempts to procure the commission of any such act by any person with the child's self or with another child or person of the same sex, whether in public or private, commits an offence and is liable, to such community service or counseling as the court may determine in the best interests of the child.

The Zambian government does not permit advocacy of LGBT rights;[8] despite this, freedom of expression has been affirmed by the courts.[10] Nevertheless, in their 2021 report, the bare conclusion of the U.S. Department of State was: "Freedom of expression or peaceful assembly on LGBTQI+ matters remained nonexistent."[9]

In 1998, in a statement to the National Assembly of Zambia, Vice President Christon Tembo called for the arrest of individuals who promote gay rights, citing a need to "protect public morality".[8] President Frederick Chiluba described homosexuality as "unbiblical" and "against human nature".[11]Later, Home Affairs Minister Peter Machungwa ordered the arrest of any individual or group attempting to formally register a gay rights advocacy group. Herbert Nyendwa, the Registrar of Societies, stated that he would refuse to register any LGBT organisation or civic group.[8]

The restrictions on advocating for LGBT rights were challenged in Zambia's courts in 2013, after a human rights activist appeared on TV talk show program. During the program, the activist called for the decriminalization of homosexuality in Zambia,[12] the recognition of rights for sexual minorities,[10] and HIV's spread to be combated among sexual minority groups.[13] After the program, the activist was stopped by police, held in jail overnight, and accused of inciting the public to take part in indecent activities.[12][13][14] The activist was later charged with "idle and disorderly conduct under Section 178(g) of the Penal Code, of the Laws of Zambia".[13][15]

The activist challenged the charges in court by questioning three definitions to which he was charged: (1) "soliciting", (2) "public space", and (3) "immoral purposes".[13][15] In the first level of court, the Magistrate Court, the judge ruled in favour of the activist and stated the activist's statements reflected an act of freedom of expression.[10][15] The government challenged the decision.

In the High Court, the judiciary ruled that the government could not prove that the activist's participation in the debate could not be considered "soliciting" as the activist's calls were not persistent and did not contain an element of pressure.[13] The court agreed that the television program could be considered a "public place".[13] The court did not agree with the government that the activist's statements were for "immoral purposes" as the activist was not encouraging people to engage in same-sex activities but to protect people from harm.[10][13][15] Additionally, the High Court further ruled that the activist was reasonably exercising his right to freedom of expression.[10][13][15][16]

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