Halt amendments to Penal Code – Mwanza

…calls on government to withdraw Amendment Bill No.17 of 2024 to allow for further consultations.

By NATION REPORTER

TWO civil society organisations have rejected piecemeal amendments to the Penal Code and have since called for its withdraw for further consultation and refinement.
The Zambian Civil Liberties Union (ZCLU) and Advocacy for National Development and Democracy (ANDD) say the law should be overhauled in its entirety.
Isaac Mwanza, the ZCLU executive director and Samuel the ANDD executive director say (Amendment) Bill No. 17 of 2024 was vague, open to abuse, had overbroad language and did not meet constitutional and international standards.
Mr Mwanza said the ZCLU was recommending a holistic approach to revising the Penal Code as piecemeal amendments, such as those proposed in the Bill, did not address the systemic issues within the Penal Code.
“Instead, we advocate for a comprehensive overhaul of the Penal Code to ensure consistency, clarity, and alignment with Zambia’s constitutional and human rights obligations.It is essential to ensure that any amendments strike an appropriate balance between protecting public interests and upholding individual rights and freedoms,” Mr Mwanza said.
Mr Mwanza who is also a lawyer said the proposed provisions criminalizing expressions of hatred, ridicule, or contempt are framed in vague terms.
He said the proposed provisions failed to clearly define the specific actions or language that constituted an offense and vague laws created uncertainty, leaving individuals unable to determine what conduct was prohibited.
“This ambiguity risks infringing on constitutionally protected freedoms, such as the right to free expression under Article 20 of the Constitution of Zambia,” Mr Mwanza said in the submission. He said the right to express views was so important to democracy.
“In a democracy it is not necessary that everyone should sing the same song. Democracy is a government by the people via open discussion. The public discussion with people’s participation is a basic feature of democracy. Democracy can neither work nor prosper unless people go out to share their views,” Mr Mwanza submitted.