Zambia's democracy is still under attack
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Loading... - Paul Maffo
- 30 Sep 2022
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When Hakainde Hichilema won Zambia’s August 2021 election, many hoped the assault on democracy that had characterised his predecessor Edgar Lungu’s rule would come to an end. While in opposition, Hichilema had presented himself as a reform-minded politician determined to restore the rule of law, launch an anti-corruption campaign, strengthen democratic institutions, and protect human rights.
Nearly seven months into his five-year term, however, the new president is turning out to be a major disappointment. A pattern of worrying developments suggest that democracy is not returning to Zambia despite what many seem to believe.
Maintaining the anti-democratic status quo
Since taking office, Hichilema’s administration has shown little appetite to change the laws that enabled the authoritarian tendencies of his predecessor.
These include the law on defamation of the president, which makes it an offence to publish “any defamatory or insulting matter…with intent to bring the President into hatred, ridicule, or contempt”. This crime, punishable by up to three years’ imprisonment, has been widely interpreted and used to deter legitimate criticism. It has undermined media freedom, led to the arrest of critical voices and, especially under Lungu, created a culture of self-censorship.
Another such law is the Cyber Security and Cyber Crimes Act, which was hurriedly enacted by the Lungu administration on the eve of last year’s election. It violates the right to privacy by allowing the authorities to tap ICT devices, effectively turning everyone into a suspect, and confiscate electronics without proper procedural safeguards.
Finally, the Public Order Act (POA) requires any person who intends to convene a public meeting to “give police at least seven days’ notice” and other details. This colonial-era law has been used by successive administrations to restrict the rights to assembly and free speech. Under Lungu in particular, opposition meetings and demonstrations were repeatedly curtailed under the pretext of this act. Violations are punishable by up to six years’ imprisonment.
In opposition, Hichilema vowed to repeal the first two of these statutes immediately and reform the POA on assuming office. Under Zambian law, repealing an act of parliament requires a simple majority, and the governing United Party for National Development (UPND) holds 99 of the National Assembly’s 164 seats. In power, however, Hichilema has shown a studied disinterest in fulfilling these promises. Read More...
