Cyber laws unconstitutional – LAZ
By George Zulu
THE Law Association of Zambia (LAZ) says the newly enacted cyber crimes and cyber security laws contravene the Constitution of Zambia, the Law Association of Zambia (LAZ) has said.
LAZ has sued government in the Constitutional Court (ConCourt) seeking a declaration that the Cyber Security Act and Cyber Crimes Act violate articles 17, 19 and 20 (1), 20 (2) and 21 (1) of the Constitution.
In its petition filed through its president Lungisani Zulu, LAZ argues that the new cyber laws contravene the rights and freedoms of individuals of expression, speech, conscience, association and to hold an opinion.
Zulu argues that the provisions contained in the two laws offend the provisions of the Constitution of Zambia and are not reasonably justifiable in a democratic society.
They are therefore unconstitutional.
“The cyber laws therefore contravene or are likely to contravene the petitioner’s and its members’ 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,” Zulu states.
He submits that apart from breaching those rights the laws also contravene freedom of the press as guaranteed in the Constitution.
He argues that the the cyber laws had provisions which risk undermining fundamental rights guaranteed in the Bill of Rights and not aligned with the values and principles of good governance, democracy and constitutionalism.
Zulu st that the Constitution of Zambia, in articles 17, 19, 20 and 21, is clear as it provides for consent before anybody is subjected to a search of their person or property, which the newly enacted laws contravene.
“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,” he has submitted.
Zulu submits that the cumulative effect of the impugned provisions of the cyber laws is to chill legitimate expression, intrude upon private communications and facilitate arbitrary interference with personal data and property and stifle freedom of conscience and association.
