By Amb. Emmanuel Mwamba
MUMBA MALILA MUST VACATE HIS OFFICE AND JOIN THESE LAWYERS FOR ZAMBIA TO HAVE A FAIR AND JUST JUDICIARY THAT WILL UPHOLD THE CONSTITUTION
There is a well-known scheme in Africa where international promoters of gay rights use court processes and court judgements to decriminalise homosexuality as it is recognised that amendments can never pass through normal legislative processes.
These promoters may have found a suitable person in Mumba Malila to promote this agenda.
It is for this reason that Chief Justice Mumba Malila SC must vacate his office so that he doesn’t pollute the Judiciary with his views or influence on this nefarious agenda.
Below is a statement from a few lawyers supporting gay rights and Hon. Mumba Malila.
Legal PractitionerJoint Statement by Zambian Human Rights Lawyers in Support of Chief Justice Dr. Mumba Malila SC’s position on the Rights of Gay Persons in Zambia
1.Dr. O’Brien Kaaba, University of Zambia
2. Ms. Linda Kasonde, Chapter One Foundation
3. Mr. Josiah Kalala, Chapter One Foundation
4. Prof. Evance Kalula, Emeritus Professor of Law, University of Cape Town
5. Dr. Chanda Chungu, University of Zambia
6. Ms. Gracious Miti, University of Zambia
7. Mr. James Kayula, University of Zambia
8. Mrs. Chipo Mushota Nkhata, University of Zambia
9. Dr. Misozi Lwatula, University of Zambia
10. Mr. Bright Kaluba, Legal Practitioner
11. Mr. Daniel Libati, Legal Practitioner
12. Ms. Susan Clayton, Legal Practitioner
13. Mr. Landilani Banda, University of Zambia
14. Mr. Alfred Mumba, Legal Practitioner
15. Mr. Kangwa Chishimba, Legal Practitioner
16. Ms. Kafula Mwangilwa Kasonde, Legal Practitioner
17. Mr. Chilambe Mpanga, Legal Practitioner
18. Ms. Jean Couvaras,
Legal PractitionerJoint Statement by Zambian Human Rights Lawyers in Support of Chief Justice Dr. Mumba Malila SC’s position on the Rights of Gay Persons in Zambia.
We, the undersigned human rights lawyers, write to express our solidarity with Chief Justice Mumba Malila who has come under extensive attack following his remarks about the need to respect the human rights of gay
people in Zambia.
On 22nd September 2023, Justice Malila delivered a public lecture at the University of Zambia as part of the events to mark the Silver Jubilee of the Supreme Court.
During the lecture, he was asked a specific question about his view on the rights of gay people considering the national debate on the same.
It was in this context that he shared his view that it is
absolutely wrong to discriminate against gay persons and that they should not be afforded less rights as they do not lose their humanity by virtue of their sexuality.
Following this statement, News Diggers published a front-page story “Respect Gay Rights-Chief Justice” and an editorial “Chief Justice Malila’s defence of gay rights is confusing”, in which they criticize the Chief Justice.
This has been followed by several statements on social media calling for the Chief Justice to vacate his office for expressing such a view.
As lawyers with an interest in human rights, we support the Chief Justice’s view that gay people are entitled to all rights provided in the Constitution.
These include freedoms of expression, assembly, and association, privacy, equality and dignity. These fundamental freedoms are enjoyed by all people, grounded on the principle of equality and non-discrimination, and elevated above the capricious whims of the majority.
Therefore, gay people do not
enjoy these rights as a gift from the majority but rather by virtue of being human.
A few case examples can illustrate this point. The People v Paul Kasonkomona (2014) dealt with the prosecution of an activist for soliciting for immoral purposes, following his TV appearance where he urged decriminalization of homosexuality in Zambia.
Justice JZ Mulongoti, in the High Court, held that “the respondent’s conduct of participating in a debate advocating for gay
rights did not amount to soliciting for immoral purposes” and that “the respondent was exercising his right to freedom of expression …”.
The same approach was taken in Uganda in Kasha Jacqueline and others v Rolling Stone Ltd and Giles Muhame (2010), when a newspaper published a list of suspected gay people and their residential addresses as means of stigmatizing homosexuals in the country.
The Ugandan High Court
considered this as a violation of the dignity and privacy of gay people.
In light of these judicial precedents and our own Constitution, we believe the
Chief Justice simply stated the current position of constitutional rights in Zambia, echoing the basis on which rights are celebrated and enjoyed everywhere in the world.


