Walpe challenges law that bans sex devices

Patricia Mashiri

Women’s Academy for Leadership and Political Excellency Director, Stabile Dewa, has filed an application at the High Court, challenging the constitutionality of sections 13, 25, 26 and 33 of Censorship Control and Entertainment Act, which criminalise the importation and use of sex devices and section 47(4) of the Customs and Exercise.

Through her lawyers, Rudo Magundani and Fidelis Manyuchi of Messrs. Scanlen and Holderness, she argued that it infringes on women’s rights to personal and private pleasure as well as their body autonomy.

Dewa argues that section 61 of the Constitution provides for the right to freedom of expression, which in this case also translates to freedom of thought, opinion and expression regarding sexuality.

The provisions of these two laws have been routinely to bar the importation of sex devices. There have been prosecutions and convictions of people who have been found guilty of the provisions.

In the case of State vs Ayanda Unity Mponda CRB 2931/22, the accused was convicted for violating section 47(1) (b) of the Customs and Excise Act, where sex devices are considered to be obscene and indecent.