Harare — The Constitutional Court scheduled December 11, 2023 as the date to start hearing four petitions opposing the validity of the Anti-Homosexuality Law 2023, Daily Monitor reports.
This follows the petitioners' agreement to combine all four petitions and the 19 applications that were submitted by various people and organizations, such as Fox Odoi, the MP for West Budama, Kintu Nyango, the ambassador of Uganda to South Africa, veteran journalist Andrew Mwenda, professors of law at Makerere University, Sylvia Tamale and Busingye Kabumba, and a number of civil society organizations. Judge Geoffrey Kiryabwire, who was reportedly sitting alone on the Constitutional Court, accepted the attorney-general's request to consolidate all of the applications.
The complainants argue among other things, that the Anti-Homosexuality Act 2023 violates Article 92 of the Constitution since it modifies a 2014 Constitutional Court ruling that invalidated a statute of a similar nature. The petitioners argue that rather than the 45 days allowed by parliamentary regulations, the Anti-Homosexuality Act 2023 was approved in a record six days. Additionally, they claim that the contentious law was passed by Parliament on May 2 without the meaningful and sufficient involvement of the public, which is contrary to the constitution.
Uganda passed one of the most severe anti-LGBTI+ laws in the world in May 2023, defying criticism from western governments and human rights organisations. A number of Ugandan government officials were sanctioned by U.S. President Joe Biden's administration, following the passing of the law.
The continent's LGBTQI+ communities continue to face attacks on their basic human rights and their ability to access services such as healthcare by government and religious groups. In April 2023, Zambia's government said it will not tolerate the promotion of LGBTQI+ rights, saying such rights are against the country's Christian values.
Meanwhile, in Kenya, Catholic-allied MPs vowed to mobilise to disband the NGO Board to pre-empt the imminent registration of a gay rights lobby group. This come after a Supreme Court judgment that LGBTQI+ community members have a right to association - even though the law considers same-sex marriage illegal - and was met with opposition from clergy and legislators.
