BUSINESS TECHNOLOGY MEDIA FOR AFRICA

Zambian govt sued over cyber-crime laws

By Arnold Mulenga, Zambia Contributor
Johannesburg, 17 Jul 2025
Law Association of Zambia's petition alleges that the laws are unconstitutional and should be repealed.
Law Association of Zambia's petition alleges that the laws are unconstitutional and should be repealed.

The Law Association of Zambia (LAZ) has petitioned the Constitutional Court to overturn portions of the country's new cyber laws, arguing that they violate people' constitutional rights.

Mulilo Kabesha, the Attorney General, is the respondent in the LAZ case, which seeks to remove certain clauses of the Cyber Security Act and Cyber Crimes Act.

In a suit filed with the Lusaka High Court on July 11, LAZ claims the new laws infringe fundamental rights protected by the Constitution's Bill of Rights, such as freedom of expression, freedom of the press, privacy, conscience, and association.

LAZ's petition alleges that the laws are unconstitutional and should be repealed.

"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," the organisation said.

LAZ argued that Article 20 of Part 3 of Zambia's Constitution states: "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is, freedom to hold opinions without interference, freedom to receive ideas and information without interference."

It continued with the following statement: "The Petitioner's legal mandate involves speaking on matters of public interest in the printed press, electronic press and also in cyber space on various platforms."

The group claimed that the laws violate its own and its members' rights to speak on matters of public interest.

The case focuses on several provisions of both laws, saying that they are not justifiable in a democratic society.

LAZ urged the court to declare these clauses illegal and remove them from the laws.

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