ISAAC MWANZA, OTHERS SAY LAW THAT CRIMINALIZES SEXUAL ACTS AMONG PERSONS OF SAME OR DIFFERENT SEXES IS UNCONSTITUTIONAL
By Patricia Mbewe
The Zambian Civil Liberties Union -ZCLU- has challenged a controversial law that criminalizes sexual acts among persons of the same or different sexes, alleging that the law is unconstitutional.
In a petition filed last Friday in the Constitutional Court, Governance Activist Isaac Mwanza and the ZCLU has argued that section 155 sub sections (a) and (c) are vague, ambiguous, and discriminatory, and contravenes articles 8(d), 18(8), and 17 of the Zambian constitution.
The petitioners told the court that they demonstrate that sexual acts, including vaginal, anal, and oral intercourse, can be performed by people of any gender, making it unclear what constitutes an offence against the order of nature.
In September last year, Chief Justice Mumba Malila stated that discrimination against gay people is wrong, sparking both support and criticism.
But 18 human rights lawyers backed the Chief Justice, affirming that gay people should have the same constitutional rights as everyone else.
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