In July, the Constitutional Court of Zambia delivered its judgment on the constitutional challenge to sections 155(a) and (c) of the Penal Code. The petitioners, the Zambian Civil Liberties Union (ZCLU) sought a declaration that sections 155(a) and (c) of the Penal Code is unconstitutional on the grounds that it is discriminatory on the basis of sex (in contravention of Article 23(1)(2) as read together with Article 8(d)), and contravenes the rights to privacy, human dignity, equality and freedom of conscience as guaranteed by Article 17(1) and 19 as read with Article 8(d). In the alternative, the petitioners also sought a declaration that sections 155(a) and (c) should be repealed for contravening the constitutional principle of legal certainty as guaranteed by Article 18(8) of the Constitution.
The Court dismissed the petition brought by the ZCLU, holding that the Constitutional Court did not have jurisdiction to consider or to adjudicate on an alleged contravention of the Constitution. The Constitutional Court held that they must defer to the High Court when dealing with matters that fall under the Bill of Rights, as per Article 28 of the Constitution. As a result, the Court did not consider the merits of the petition.
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