This law is being crafted to restrict freedom of expression by limiting scrutiny and public criticism. It aims to weaken checks and balances and discourage open discussion on critical national issues, labeling it as hate speech to silence government critics.
By Amb. Emmanuel Mwamba, edited by Mpandashalo Mwewa.
Lusaka, Nov. 13 – The Zambian National Assembly is currently reviewing a controversial amendment to the Penal Code, which would introduce harsher penalties for certain types of speech and expression, including criticism of the government. The Penal Code (Amendment) Bill No. 17 of 2024, presented by the Committee on Legal Affairs, Human Rights, and Governance, seeks to replace Section 70 with language that prohibits “hate speech,” “ridicule,” and expressions promoting ethnic or tribal divisions. However, this bill raises serious concerns over the suppression of free speech and aims to restrict public scrutiny.
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According to government statements, the purpose of this amendment is to discourage discriminatory language, prevent incitement to violence, and foster social respect. The bill proposes penalties as severe as 7 to 20 years in prison for anyone expressing “hatred, ill-will, or hostility.” Yet, critics argue that these broadly defined terms lack clear interpretation, making the law open to arbitrary enforcement and abuse by the state.
Analysts warn that the bill could impose excessive restrictions on the constitutionally protected freedoms of expression, opinion, and religious and cultural views. The sweeping language in the amendment makes no attempt to clarify what qualifies as prohibited speech, creating potential for authorities to use it selectively to suppress dissent. In essence, the law could silence any critique that the government deems unfavorable, thereby dismantling a critical democratic safeguard.
One alarming aspect of the bill is its overlap with existing laws designed to handle public disorder, such as the Defence Act and the Public Order Act. Critics question the necessity of duplicating these regulations, suggesting that the bill serves primarily as a political tool to stifle public discourse and control political opponents. By enabling the government to impose hefty sentences on vague speech-related charges, the law appears aimed at curbing checks and balances rather than addressing genuine threats to public safety.
The amendment further threatens to criminalize public gatherings, potentially outlawing forums that foster open discussion. In a country where freedom of assembly is integral to civic engagement, this development could curtail vital spaces for public discourse on national issues. Imposing severe jail terms on speech-related offenses appears not only disproportionate but also at odds with the principles of justice and fairness.
The proposed law also stands in stark conflict with Zambia’s constitutional commitment to freedom of expression under Article 20, as well as international treaties like the International Covenant on Civil and Political Rights and the African Charter on Human and People’s Rights. Zambia risks breaching its international obligations by implementing a law that contradicts the principles of free speech recognized worldwide.
Many Zambians feel this legislation targets those who voice criticism of President Hakainde Hichilema’s government. Since his administration took office, the opposition has experienced a worrying pattern of selective legal prosecution, sowing division and a sense of injustice among citizens. Observers warn that, if passed, the amendment will further deepen discontent, fueling perceptions of a government more intent on silencing dissent than fostering unity.
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This proposed amendment raises alarms about Zambia’s democratic future. If the government insists on pushing this draconian law, it could mark the end of Zambia’s democratic aspirations and a dangerous shift toward authoritarianism. Critics are calling on the government to withdraw the bill, engage in wider consultations with stakeholders, and ensure any new legislation respects freedom of expression and does not become a tool for repression.
About The Author: Amb. Emmanuel Mwamba is a candidate for the Patriotic Front presidency, a former Ambassador to the African Union, and a former Permanent Representative to the United Nations Economic Commission for Africa. He previously served as High Commissioner to South Africa, Permanent Secretary and Spokesperson to Second President Frederick Chiluba.
About Our Advocacy: Woodpecker’s Digest provides in-depth analyses and commentary on issues of national importance, alongside articles on personal development and health. We believe journalism can be a force for socio-economic change.
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