A Governance Activist, Isaac Mwanza and a non-profit Organisation called Zambian Civil Liberties Union (ZCLU), have petitioned the constitutional court seeking a declaration that persons, whether married or not, who consent to engaging in different categories of sexual intercourse, be excluded from liability for a criminal offence under section 155 of the penal code.
The said section provides for unnatural offences for persons who have carnal knowledge of any person against the order of nature.
In their petition, the petitioners have argued that the said section does not specify which acts or categories of carnal knowledge between individuals of different or same sex are considered to be contrary to the order of nature.
They have also submitted that section 155 (c) of the penal in its scope only criminalizes male driven carnal knowledge, specifically prohibiting male on male or male on female sexual activity against the order of nature and excludes female driven carnal knowledge that is, female on female or female on male carnal knowledge against the order of nature.
Arising from that, the petitioners claim that the gender specific language in the said section amounts to unequal treatment and discrimination under the law on the basis of gender, and is in violation of articles 8(d) and 23(1) of the constitution.
By Darius Choonya