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The Constitutional Court has dismissed a petition challenging the legality of Zambia’s laws that criminalise same-s*x relations and certain sexual practices, including oral and anal s*x, regardless of gender.
The petition, filed by the Zambian Civil Liberties Union (ZCLU) and its Executive Director, Isaac Mwanza, argued that Section 155 of the Penal Code is vague, overly broad, and unconstitutional.
The petitioners contended that the section fails to define what constitutes an “act against the order of nature,” thereby criminalising a wide range of consensual sexual acts, even between heterosexual partners.
Read more: Church bodies urge constitutional court to dismiss petition challenging same-sex laws
Citing Article 18(8) of the Constitution, the petitioners argued that criminal offences must be clearly and precisely defined.
They further claimed that the provision violates the rights to privacy, dignity, equality, and non-discrimination under Articles 8(d), 17, 18, 19, and 23 of the Constitution.
However, in a ruling delivered by a full bench comprising Judges Arnold Shilimi, Martin Musaluke, Mathew Chisunka, Judy Mulongoti, Mudford Mwandenga, Maria Kawimbe, and Kenneth Mulife, the Court held that it lacked jurisdiction to hear the matter.
It ruled that constitutional challenges relating to alleged violations of the Bill of Rights must be brought before the High Court, unless a direct personal infringement is shown.
The judges found that ZCLU’s petition was general in nature and failed to demonstrate how the law directly affected them or any identifiable individual.
In its defence, the State maintained that only penile-vaginal intercourse between a man and a woman is lawful under Zambian law, and that other sexual practices, including oral and anal s*x, remain criminal offences regardless of consent or gender.
The petition drew strong opposition from religious groups, including the Churches Association of Zambia, the Zambia Conference of Catholic Bishops, and the Evangelical Fellowship of Zambia (EFZ), which was joined as an interested party.
The Church welcomed the ruling, describing it as a defence of national morals.
“We must protect this country from wrong morals like these which could one day be legalised. Our Bible says it is wrong, and we stand by it.” said EFZ Executive Director Bishop Andrew Mwenda.
Despite the setback, ZCLU vowed to pursue the case in the High Court, arguing that the Constitutional Court had left the door open for such a challenge.
“The Court acknowledged the significance of the issues raised, and we believe the High Court is now the proper forum. We’re not backing down. This is far from over,”said ZCLU Executive Director.
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