Zimbabwe’s new draft constitution will keep a same-sex marriage ban, effectively making it a criminal offence.

On 8 February, it is believed the African country’s parliament will vote to make a clear statement they still do not condone homosexuality by retaining the gay marriage ban.

Section 4.78 of the draft constitution reads: ‘Persons of the same sex are prohibited from marrying each other.’

During the negotiations, it is alleged President Robert Mugabe’s Zanu PF accused Prime Minister Morgan Tsvangiri of attempting to legalize marriage equality in an effort to slow down the constitution process.

Zanu PF chairperson Munyaradzi Paul Mangwana said: ‘This is the first time we have this clause in our constitution.

‘The constitution cannot provide more information as there will be other legal instruments to enforce it, such as the Sexual Offences Act.

‘It’s clear sexual relationships between people of the same sex are prohibited.’

MDC-T Copac co-chair Douglas Mwonzora said while the constitution cannot prescribe a crime, the issue of homosexuality can be covered under the criminal law of sodomy.

‘Same-sex marriages are prohibited and homosexuality is a crime under the country’s criminal laws.’

In August 2012, Zimbabwe arrested 44 members of Gays and Lesbians of Zimbabwe, and later shut down the group’s offices for ‘undermining the authority of the President.’

Mugabe has proclaimed homosexuality as unAfrican, and branded gays and lesbians as ‘worse than pigs and dogs.’

Zimbabwe has passed laws that define sodomy as any act involving contact between two males that could be regarded as an indecent act – which could in theory include something as simple as hugging or holding hands.