by ARNOLD MULENGA
LUSAKA – THE Law Association of Zambia (LAZ) has petitioned the Constitutional Court to strike out provisions of the country’s new cyber laws, which it argues contravene rights of citizens as guaranteed by the constitution.
Attorney General, Mulilo Kabesha, is the respondent.
The legal body argues the Cyber Security Act and Cyber Crimes Act curtailed the rights and freedoms of individuals of expression, speech, consciousness, association and rights to hold opinion and freedom of the press.
LAZ petitioned that laws that contravened or were likely to contravene the rights as contained in Articles 17, 19 and 20 (1), 20 (2) and 21 (1) of the Constitution of the Republic of Zambia Chapter 1 of the Laws of Zambia.
“The said provisions are not reasonably justifiable in a democratic society,” LAZ President, Lungisani Zulu, stated in the petition.
“I verily believe that where a provision of an Act of parliament contravenes a provision of the Constitution, the same is liable to be struck off to the extent of its inconsistency with the Constitution.”
President Hakainde Hichilema signed the cyber law bills into law in May.
The government, which has been in power since 2021, argues the law is necessary to curb the abuse of the cyber space to spread hate speech, misinformation and defraud citizens online.
Some critics and the opposition argue the laws are part of a crackdown to stifle opposing views.
A controversial part of the legal instrument is the prosecution of members of the community for “insulting” the president.
Commentator, Obed Mwaka, however said this was justifiable.
“Who told LAZ that insulting the president is freedom of expression?” he queried.
A number of people have been arrested and sentenced under the new cyber laws.
– CAJ News
