By 
Lusaka lawyer, Miza Phiri Junior, has filed a petition against the Constitutional Court, arguing that it lacks jurisdiction to preside over a case seeking the decriminalisation of homosexuality.
The case, brought by governance activist Isaac Mwanza and the Zambian Civil Liberties Union (ZCLU), challenges the constitutionality of Section 155(a)(c) of the Penal Code.
Mwanza and ZCLU alleged the provision was discriminatory, violated human dignity as protected under Article 8(d) of the Constitution, and infringes on the privacy of consenting adults.
They further argued that the provision’s ambiguity—failing to define acts “contrary to the order of nature”—has enabled invasive practices such as forced forensic anal examinations, which they deem cruel, inhumane, and degrading.
However, Phiri contended that the Constitutional Court was not the proper forum to hear the case.
He argued that, under Article 128 of the Constitution, the ConCourt has no jurisdiction to interpret subordinate Acts of Parliament or matters related to the Bill of Rights and Part III of the Constitution.
“Your petitioner will aver that, in terms of Article 128 of the Constitution, the Constitutional Court has no authority to interpret subordinate legislation,” Phiri stated in his filing.
Phiri further claimed that Mwanza and ZCLU violated constitutional provisions by improperly bringing the case before the ConCourt.
He cited Articles 128 and 1(5) to argue that the petitioners exceeded the court’s jurisdictional boundaries.
Additionally, he pointed to a previous ConCourt ruling that Articles 8 and 9 of the Constitution are non-justiciable, stating that the petitioners’ actions contradict the Constitution’s limits.
Phiri is seeking a declaration that the ongoing proceedings in case 2024/CCZ/008 are null and void due to the court’s lack of jurisdiction.
He called for the dismissal of the case and urged the ConCourt to adhere strictly to its constitutional mandate.
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