Paul Kasonkomona

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Paul Kasonkomona is a Zambian human rights and public health activist. He is known for his 2013 arrest and subsequent acquittal in a court case that centred on freedom of expression and LGBT rights in Zambia. He was arrested after appearing on a live television program where he advocated for the decriminalization of same-sex conduct as a public health measure to combat HIV/AIDS. [1] [2]

Contents

Television Appearance and Arrest

On 7 April 2013, Kasonkomona appeared on "The Assignment," a live program on Zambia's privately-owned Muvi TV. [3]

Trial and Acquittal

Kasonkomona was charged with "soliciting in a public place for immoral purposes" under Section 178(b) of the Zambian Penal Code. [4] His legal team, supported by the Southern Africa Litigation Centre (SALC), argued that his arrest was an unconstitutional violation of his right to freedom of expression. [5]

In February 2014, the Lusaka Magistrate's Court acquitted Kasonkomona, ruling that the state had failed to provide sufficient evidence to prove that he had solicited anyone for immoral purposes. The court found that his television appearance constituted expressing an opinion, not committing a crime. [6] [7]

State Appeal and High Court Ruling

The Zambian government appealed the acquittal. In December 2015, the High Court of Zambia upheld the lower court's decision, confirming Kasonkomona's acquittal. [8] [9]

See also

LGBT rights in Zambia

HIV/AIDS in Zambia

References

  1. "The People v. Kasonkomona". Global Freedom of Expression. Retrieved 16 July 2025.
  2. "Zambia gay rights activist Paul Kasonkomona arrested". BBC News. 8 April 2013. Retrieved 16 July 2025.
  3. "Zambia gay rights activist Paul Kasonkomona acquitted". BBC News. 25 February 2014. Retrieved 16 July 2025.
  4. Stewart, Colin (9 April 2013). "Zambia police refuse to release ailing gay rights activist" . Retrieved 16 July 2025.
  5. Writer, Staff (25 February 2014). "News Release: Major Boost for Free Speech in Zambia as Court Acquits HIV Activist" . Retrieved 16 July 2025.
  6. "The People v. Kasonkomona". Global Freedom of Expression. Retrieved 16 July 2025.
  7. Igual, Roberto (25 February 2014). "RELIEF AS ZAMBIAN ACTIVIST ACQUITTED IN FREE SPEECH CASE". MambaOnline - LGBTQ South Africa online. Retrieved 16 July 2025.
  8. Maregele, Barbara (15 May 2015). "Zambian High Court rejects states appeal against activist". GroundUp News. Retrieved 16 July 2025.
  9. Editor, Online (16 May 2015). "Kasonkomona acquitted with no case to answer – High Court | Lusaka Voice" . Retrieved 16 July 2025.{{cite web}}: |last= has generic name (help)