By 
The Zambia Conference of Catholic Bishops (ZCCB), the Council of Churches in Zambia (CCZ), and the Evangelical Fellowship of Zambia (EFZ) have been allowed to join a constitutional matter challenging Zambia’s laws on same-sex relationships.
This follows an application to the Constitutional Court by the three Christian organisations to be included as interested parties in the case brought forward by civil rights activists.
The case, initiated by civil rights activist, Isaac Mwanza, and the Zambia Civil Liberties Union (ZCLU), seeks to decriminalize homosexuality in Zambia.
The petitioners argue that Section 155(c) of the Penal Code Act is unconstitutional as it discriminates based on sexual orientation, gender identity, and promotes inequality, in violation of Article 8(d) of the Constitution.
In an affidavit supporting their joinder application, Fr. Emmanuel Chikoya (Secretary General of CCZ), Fr. Francis Mukosa (Secretary General of ZCCB), and Bishop Andrew Mwenda (Executive Director of EFZ) expressed their opposition to the petition.
They contended that its aim was to legalize same-sex relationships, which they argue undermines the principles of morality and human dignity.
Constitutional Court Judge Mathew Chisunka ruled in favour of the three church organizations, noting their vested interest in matters of public morality and ethics.
Judge Chisunka emphasised that the case touches on critical constitutional principles, including morality, human dignity, ethics, and non-discrimination, which are enshrined in Articles 8 and 9 of Zambia’s Constitution.
The preamble of the Constitution further declares Zambia a Christian nation and commits to upholding morality.
“The Church, as an institution, has a primary function to safeguard public morality, ethics, human dignity, and individual rights, which are at the heart of this petition,” Judge Chisunka stated.
“Their participation is necessary to ensure all issues raised in the petition are thoroughly adjudicated and determined to finality.” he added .
The court, however, dismissed the application of another organisation, Heart of Mercy Zambia, represented by its Secretary General Miza Phiri.
Judge Chisunka ruled that the organization lacked a direct and fundamental duty in the matters central to the case, unlike the three church bodies.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments