Kabwe lovers convicted for having sex in public

A KABWE Magistrates’ Court has slapped a three-month suspended sentence on two ‘lovers’ who were found having sex in Kabwe’s Pentagon Park last month.
Appearing before magistrate Temwani Mhango yesterday for plea was Jonathan Tembo, 21, of Highridge residential area and his partner Tukizo Mwewa, 24, of Mine township. Both pleaded guilty to common nuisance.
Ms Mhango sentenced Tembo and Mwewa to a suspended three-month imprisonment.
Police charged the two lovers with the offence of common nuisance contrary to section 172 of the Penal Code of the Laws of Zambia.
Particulars of the offence are that the duo on November 28, 2011 in Kabwe jointly and whilst acting together had carnal knowledge in a public place known as Pentagon Park around 14:00 hours.
Tembo and Mwewa both pleaded guilty to having sex in a public place.
Tembo, who seemed uncomfortable and struggled to speak aloud when asked by Magistrate Mhango if it was true that he had sex in a public place, admitted the charge but argued that the action was under the influence of alcohol.
And Mwewa said she understood the charge of common nuisance.
“I understand the charge, yes it’s true we were having sex in the park in the afternoon. I do not recall the time because I was drunk. We did not have any lawful excuse for our action,” she said.
And in sentencing the duo, Magistrate Mhango said she had heard their confessions, their plea for leniency and that the two had readily pleaded guilty.
Ms Mhango said considering that the two were first offenders, she had decided to exercise leniency.
She warned the duo not to commit any offence within the next three months as they are serving their suspended sentence, failure to which they would be committed to prison.
Earlier during mitigation, Mwewa pleaded for the court’s leniency saying she has a six-year-old child who needs her care and that she had learnt her lesson.
She also told the court that she has stopped drinking beer and she will never have sex in public again while Tembo said he committed the offence because he was drunk.  He asked for the court’s leniency because he has a two-year-old child and he intends to enter college next year.
And during the reading of facts, the court heard that on November 28, Godfrey Simukanga, who works at Pentagon Park, received information that there were two people who were naked and having sex in full view of other people in the park.
Mr Simukanga found the duo having sex and took them in his custody and later reported the matter to police.
Police interviewed the duo and under warn and caution, they gave voluntary statements admitting the charge.

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