The law doesn’t forbid freedom of expression, argues AG 

By GRACE CHAILE 

ATTORNEY General, Mulilo Kabesha has countered human rights activist, Brebner Changala’s petition to declare sections of Zambia’s Penal Code on sedition unconstitutional. 

Mr Kabesha argues that the law does not criminalise freedom of expression nor is it unconstitutional.

This comes after Mr Changala, who is facing sedition charges before the subordinate court, claimed that the law is being used to suppress political speech and silence dissent.

He said the sedition laws have been criticised globally for being used to target political speech and other forms of expression. 

In fact, Mr Changala stated several Commonwealth countries, including Kenya, Ghana, and the UK, have repealed their sedition laws.

However, the Attorney General pointed out that 48 out of 56 Commonwealth countries still have sedition laws in place.

“Clearly 48 countries still see the need and importance of seditious provisions which obviously provide for the prevention of practices which may lead to anarchy in a country,” he argued.

Mr Kabesha disputed Mr Changala’s claims, stating that the law does not criminalise freedom of expression. 

The Attorney General also argued that the petitioner was not entitled to the reliefs sought and must provide strict proof of his allegations

Mr Changala seeks a declaration from the High Court that the sedition provisions are void and infringe upon the right to free expression. 

He also requests an order preventing further arrests or prosecutions based on these provisions and damages for false imprisonment. 

The charges against Mr Changala are from comments he made alleging that the State was behind the abduction of fugitive Independent Petauke Central Member of Parliament Emmanuel Jay Jay Banda.