Constitutional Court Declines to Rule on Same-Sex Relations Petition, Cites Jurisdiction Limitations

Lusaka, Zambia – July 28, 2025 – The Constitutional Court of Zambia has declined to hear a petition filed by the Zambia Civil Liberties Union (ZCLU) and its Director, Isaac Mwanza, challenging the constitutionality of Section 155(c) of the Penal Code, which criminalize a same-sex relations and acts deemed “against the order of nature.”

In a landmark ruling delivered by Constitutional Court Deputy President Justice Arnold Shilimi, the court stated that it lacked jurisdiction to determine the petition, as it raises issues related to the Bill of Rights—specifically Articles 17, 18, 19, and 23 of the Zambian Constitution. According to the Constitution, only the High Court has the authority to adjudicate matters involving alleged violations of the Bill of Rights.

“This petition fails for lack of merit,” Justice Shilimi said while delivering the judgment on behalf of six other judges.

Petition Challenged Criminalisation of Same-Sex Acts

The petitioners sought a declaration that Section 155(c) is unconstitutional on grounds that it is vague, discriminatory, and violates fundamental rights such as privacy, dignity, and equality. They argued that the phrase “against the order of nature” is unclear and opens the door for arbitrary interpretation, often influenced by moral or religious biases.

In their alternative plea, the ZCLU requested either the repeal of the provision or a legal clarification defining what qualifies as “the order of nature.”

Government and Church Bodies Oppose Petition

Opposing the petition were the Attorney General, Mulilo Kabesha, and three major church mother bodies: the Council of Churches in Zambia (CCZ), the Zambia Conference of Catholic Bishops (ZCCB), and the Evangelical Fellowship of Zambia (EFZ). They defended Section 155, arguing it does not infringe upon rights, provided sexual acts fall within what the law defines as “natural.”

Attorney General Kabesha argued that the law aims to protect Zambia’s moral values and that there is no legal restriction on consensual heterosexual relationships.

High Court to Hear Case Next

Despite the setback at the Constitutional Court, ZCLU Director Isaac Mwanza confirmed that the matter would now proceed to the High Court.

“We shall be going to the High Court, because, as you have noticed, the Constitutional Court has even acknowledged that the issues raised in this matter are very, very significant,” Mwanza told GroundTruth Zambia.

The church bodies, who remain committed to preserving what they describe as “Christian and moral values,” have vowed to participate in the High Court proceedings.

National Debate Rekindled

The ruling is expected to reignite public debate around LGBTQ+ rights, the interpretation of the Penal Code, and the tension between Zambia’s legal framework and its Christian national identity. Human rights advocates argue that laws like Section 155(c) contravene international human rights standards and are prone to abuse and discriminatory enforcement.

As the case moves to the High Court, legal experts, religious groups, and civil society organizations are expected to closely monitor the outcome, which could have far-reaching implications for human rights jurisprudence in Zambia.