CONCOURT declines same sex petition

CONCOURT declines same sex petition

By Mast Reporter

THE Constitutional Court has declined to determine the petition

by Zambia Civil Liberties Union (ZCLU), a civil society organisation challenging the constitutionality of laws that criminalise homosexuality and other sex styles described as against the order of nature.

In this petition, Civil Liberties executive director Isaac Mwanza was challenging section 155(c) of the Penal Code for a clear definition of what it meant by “against the order of nature”.

Mwanza was seeking a declaration by the Constitutional Court to provide an exhaustive list of categories of sexual intercourse which could be performed in accordance with the “order of nature”.

Alternatively, he was seeking section 155(c), which criminalises certain sexual acts like same sex [homosexuality, lesbianism] to be clear on the nature of sex acts which are against the order of nature.

In rejecting the petition, the Constitutional Court said it had no jurisdiction to address the petition because the issues raised fell under the Bill of Rights.

The court found that the petition alleged contravention of Articles 17, 18, 19 and 23 of the Bill of Rights were to be handled by the High Court.

“This petition fails for lack of merit,” ConCourt deputy president Arnold Shilimi said on behalf of six other judges.

Mwanza had sought a declaration that section 155(c) of the Penal Code was unconstitutional.

Section 155(a) (c) prohibits carnal knowledge by persons of the same sex or between male and female or between female and male, deeming it “against the order of nature”.

The petitioner argued that the section was discriminatory on the basis of sexual orientation, gender, gender identity and advances inequality of persons under the law in contravention of Article 8(d) of the Constitution.