HH, New Dawn should reflect on LAZ concerns over cyber laws
IT is good that the Law Association of Zambia (LAZ) has finally stated its position on the newly enacted Cyber Security and Cyber Crimes Acts of 2025. As an institution established by an Act of Parliament, LAZ has a solemn duty to guide the nation on law reforms and the elimination of flaws in the existing legislation.
Thus, it is important for President Hakainde Hichilema and his cronies in the New Dawn Government to heed the guidance of LAZ as they embark on enactment of laws, especially those that impact on the fundamental rights and freedoms of the people.
It is a matter of serious concern to us that LAZ has confirmed the fears of a number of stakeholders, including the church, media bodies, civil society organizations, and politicians, that the provisions of the Cyber Security Act No. 3 of 2025 and the Cyber Crimes Act No. 4 of 2025 violate citizens’ rights and freedoms, impede free press, and threaten to destroy our country’s democracy that our founding fathers fought so hard to attain.
It is regrettable that after 60 years of independence, our people are once more yoked by oppressive laws that have taken us back to the colonial era. We have regressed to the dark ages of colonialism, when the oppressors imposed laws to suppress free expression and potential rebellion. The fact that these draconian and oppressive laws are being imposed on the citizens by our own countrymen in positions of power who are supposed to be protecting us is even more worrisome.
Zambia should be making strides in implementing laws that support free speech and fundamental rights and freedoms in accordance with international standards and practices after 60 years of independence. However, the nation has regressed in this area due to the narrow interests of some individuals who are determined to silence citizens to strengthen their hold on political power and prolong their stay in office.
Even more concerning is the fact that some of these new cyber laws criminalise journalism, which is essential in a democracy like ours as it is the fourth estate after the Legislature, Executive, and Judiciary.
LAZ president Lungisani Zulu said it important to appreciate that under Article 20 of the Bill of Rights, Part 3 of the Constitution, freedom of expression and free press is guaranteed.
“Article 20 provides that except with his or her own consent, no person shall be hindered in the enjoyment of the freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his or her correspondence. Furthermore, under Article 20 (2) of the Constitution, a free press is guaranteed by an express enactment that no law shall make any provision that derogates from freedom of the press,” Zulu said.
We applaud the move by LAZ to ask the High Court to examine whether the clauses that violate citizens’ rights and freedoms and the freedom of the press are constitutional. Subsidiary legislation should not come into conflict with the Constitution, which is the supreme law of the land. Any law that violates the Constitution should be repealed. We eagerly await the petition by LAZ and the High Court ruling on this important matter of national interest.
