Unnatural Sexual Offences: Highlighting the Weaknesses of the Zambian Penal Code

Josephine, Mwale (2007) Unnatural Sexual Offences: Highlighting the Weaknesses of the Zambian Penal Code. Masters thesis, University of Zambia.

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Abstract

This dissertation is divided into five chapters. The first chapter is an introductory chapter. It contains a statement of the problem that is that the law against homosexuality in Zambia is weak. It also contains an exposition of the fact that the opinion that some people in Zambia hold regarding homosexuality and its' being a taboo is slowly changing. The second chapter begins the analysis of the various weaknesses of section 155 of the Penal Code by showing that homosexuality really is a matter of private as opposed to public morality and the state consequently has no business passing legislation outlawing the same when it is done in private between consenting adults. The dissertation analyses more weaknesses of the law against homosexuality in the third chapter which is an in depth analysis of how the constitutional right to privacy is breached by the maintenance of the status quo of section 155 of the Penal Code. The fourth chapter shows the final weakness exposed in this dissertation whereas the fifth chapter focuses on recommendations that should be effected to remedy the weaknesses of section 155 of the Penal Code. This research was embarked on because whereas several countries have legalized homosexuality, in Zambia, it remains an offence. In 2005 on the 28th of September, the President assented to an amendment to the Penal Code. In this amendment, the penalty for homosexuality was increased from an unspecified minimum and a maximum of fourteen years to a minimum of fifteen years imprisonment and a maximum of life imprisonment. This dissertation sets out to analyse whether the law against homosexuality conforms to the current Constitution. It is worth noting that the exposition does not necessarily reflect the opinion of the author on whether homosexuality should be legalized in Zambia or not. The dissertation is simply an exposition of the law as it is.

Item Type:	Thesis (Masters)
Subjects:	K Law > K Law (General)
Divisions:	Africana
Depositing User:	Geoffrey Obatsa
Date Deposited:	13 May 2019 10:43
Last Modified:	13 May 2019 10:43
URI:	http://thesisbank.jhia.ac.ke/id/eprint/9191

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