A High Court judge has told a Zambian human rights activist his arrest for speaking out about gay issues doesn’t breach his freedom of speech.

Paul Kasonkomona was arrested shortly after a television interview he gave in April in which he called for gay and lesbian rights to be recognized in the country.

He was charged under Section 178 (g) of the Zambian penal code for idle and disorderly conduct by soliciting for ‘immoral’ purposes in the interview.

Kasonkomona’s attorney filed a constitutional application claiming the charges were in breach of Article 20 of the Zambian Constitution, which states ‘no person shall be hindered in the enjoyment of his freedom of expression’.

In her ruling yesterday (12 September) High Court Judge Anne Sharpe Phiri dismissed the application, stating there was no issue raised concerning the contravention of fundamental human rights.

‘I am of the considered view that the subject contained under section 178 (g) of the Penal Code was not the same as that contained in Article 20 of the Constitution.’ Justice Phiri said, reported the Times of Zambia.

‘The two issues are different.

‘I therefore find that there was no constitutional issue concerning the contravention of fundamental rights of the accused and there was no ground for the magistrate to refer the case. I therefore send this file back to the magistrate to deal with the matter.’

Justice Phiri’s ruling comes just before two men are due to appear in front of a Zambian court facing charges of sodomy.

Philip Mubiana and James Mwape have been in custody since 6 May facing two counts each of committing offences ‘against the order of nature.’

Amnesty International have recently demanded the ‘unconditional’ release of the two men, stating the laws under which they are charged ‘contravene international human rights law.’

There are growing fears for the safety of LGBT people in Zambia.

Zambian Home Affairs minister Edgar Lungu spoke to reporters earlier this year, saying: ‘Those advocating gay rights should go to hell, that is not an issue we will tolerate.

‘There will be no such discussion on gay rights. That issue is foreign to this country.’