The three church mother bodies in Zambia have opposed a petition seeking to declare unconstitutional the Penal Code provisions on “unnatural offences.”
The Zambia Conference of Catholic Bishops (ZCCB), the Council of Churches in Zambia (CCZ) and the Evangelical Fellowship of Zambia (EFZ) argue that Zambia, as a Christian nation, is guided by principles rooted in the Bible, which do not permit same-sex relationships (homosexuality).
The petition, filed by governance activist Isaac Mwanza, seeks to nullify Section 155(c) of the Penal Code, which criminalizes acts “against the order of nature.”
Mwanza contends that the provision violates constitutional guarantees of equality and non-discrimination based on sexual orientation and gender identity, as well as the right to privacy.
In their submission to the Constitutional Court, the church mother bodies argue that the petition lacks merit, stating that the provision has already been interpreted by courts and deemed consistent with Zambian law.
They assert that restrictions on certain acts, such as theft by a hungry person, are comparable to prohibitions on same-sex relationships, which they claim contravene moral and societal norms.
The church bodies contend that the Constitution does not explicitly prohibit discrimination based on sexual orientation or gender identity.
They maintain that the right to privacy is not absolute and cannot be used to justify the decriminalization of private consensual acts deemed unnatural.
The submission further states Zambia’s declaration as a Christian nation by former President Frederick Chiluba in 1991, which is enshrined in the Constitution’s preamble.
They argue that laws such as Section 155(a) and (c) reflect the nation’s Christian values and are consistent with the country’s legal and moral framework.
Citing biblical references, the church groups argue that the contested provisions do not infringe on freedom of conscience as protected under Article 19 of the Constitution.
“We enjoin this court to note that the phrase ‘offences against the order of nature’ and/or ‘unnatural offences’ is not only used in Zambian legislation. As a matter of fact, the phrase is seen in the Bible. In Romans 1:26-27,” they submitted.
Article 19 states: “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this article, the said freedom includes the freedom of thought either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice, and observance.”
They contend that legislative restrictions on certain freedoms, including those related to sexual conduct, are permissible under the law.
The church mother bodies assert that Section 155(a) and (c) of the Penal Code are valid and do not contravene any constitutional provisions.
They have urged the court to dismiss the petition, describing it as baseless and lacking merit.
