Zambian Civil Liberties Union
5 YEARS OF LAW REFORM UNDER THE HICHILEMA ADMINISTRATION
By Derick M Chekwe, ZCLU Acting Executive Director
NEARLY five years after the election of the United Party for National Development (UPND) government led by President Hakainde Hichilema, Zambia has witnessed a number of important legal and constitutional developments.
The administration came into office with strong promises to restore constitutionalism, expand civil liberties, and reform laws that had long been criticised for restricting democratic space.
From the perspective of the Zambian Civil Liberties Union (ZCLU), the reform record reflects both commendable achievements and areas where progress has stalled or taken a worrying direction.
COMMENDABLE AREAS OF REFORM
Among the most historic achievements of the current administration is the abolition of the death penalty. The repeal of capital punishment represents a landmark human rights reform that aligns Zambia with an increasing number of nations that have moved away from the death penalty. This reform reaffirmed the country’s commitment to the protection of life and to modern human rights standards.
The government also repealed the offence of criminal defamation of the President under the colonial-era Penal Code, Chapter 87 of the Laws of Zambia. For many years, this provision had been used to criminalise criticism of the Head of State and had a chilling effect on freedom of expression.
Its removal marked an important step toward strengthening democratic debate and protecting the right of citizens to hold leaders accountable without fear of criminal sanction.
Another major reform achievement has been the constitutional amendment introducing progressive representation clauses in the National Assembly. Through the adoption of a proportional representation mechanism, the Constitution now guarantees seats for 20 women, 15 youths, and 5 persons with disabilities.
These provisions represent a significant attempt to address structural barriers to political participation and ensure that Zambia’s democratic institutions better reflect the diversity of its population. This reform is likely to stand as one of the defining institutional legacies of President Hichilema’s administration.
The enactment of the Access to Information Act (ATI) also represents an important legislative milestone. For many years, civil society organisations had advocated for a legal framework that would allow citizens to access information held by public institutions. The law has the potential to strengthen transparency, accountability, and citizen participation in governance.
In addition, the government introduced Zambia’s first-ever 2023 National Refugee Policy aimed at promoting the integration of refugees into the country’s social and economic life. This policy signalled an important shift toward recognising the long-term presence and contributions of refugees in Zambia and the need for more inclusive integration frameworks.
Another commendable step is the publication of the Electoral Process (Amendment) Bill, 2026 by the Electoral Commission of Zambia for public consultation before it is presented to Parliament. This marks an important democratic practice, as it is one of the first times a Bill of such significance has been widely circulated to stakeholders for input prior to its formal introduction in the National Assembly.
Such openness provides civil society, political actors, and citizens an opportunity to scrutinise proposed reforms and offer constructive feedback.
However, as with many legislative proposals, the ultimate impact will depend on the details contained in the final version that is tabled before Parliament.
AREAS OF CONCERN AND UNFINISHED REFORM
Despite these achievements, several reform commitments remain unfulfilled or have developed in ways that raise concern for civil liberties and constitutional governance.
One of the most significant concerns is the continued existence of the Public Order Act. This colonial-era law has long been criticised for enabling restrictions on the freedoms of assembly and association. Although the government drafted a replacement law in the form of the Public Gathering Bill, the proposed legislation has stalled at the Ministry of Home Affairs and Internal Security with no public explanation for the delay. The failure to advance this reform means that the same restrictive framework governing public gatherings remains in place.
Equally troubling is the direction taken in cyber regulation. While the government repealed cyber laws enacted under the previous administration of Edgar Lungu, the replacement legislation introduced by the current government has emerged as even broader in scope and more punitive in effect.
In practical terms, it increasingly appears that the repealed offence of defamation of the President under the Penal Code has, in substance, been replaced through offences created under the new cyber legislation.
Citizens are continuing to face arrests and charges for remarks or expressions directed at the President, now prosecuted through provisions of cyber law that carry serious criminal consequences. This development risks recreating, through a different legal route, the very restrictions on free expression that the repeal of the defamation law was meant to eliminate.
The enforcement of these cyber laws by the Zambia Police Service has therefore raised growing concern that they are being applied in ways that encroach upon constitutionally protected freedoms, particularly the right to freedom of expression.
Increasingly, there is a public perception that the breadth and severity of these cyber provisions risk elevating statutory power above the spirit and protections of the Constitution, thereby undermining the very civil liberties that legal reform was intended to strengthen.
The reform of the colonial-era Penal Code has also been undertaken through piecemeal amendments rather than through a comprehensive repeal and modern replacement. While certain provisions have been updated over time, the broader colonial structure and philosophy of the law remain largely intact.
It is even more concerning that the offence of criminal defamation continues to exist on Zambia’s statute books. In recent years, the country has witnessed an increasing number of citizens, including politicians, media practitioners, and social media users, being arrested, prosecuted, and in some cases imprisoned under criminal defamation provisions.
This trend raises serious questions about the continued use of criminal sanctions to address reputational disputes that could more appropriately be handled through civil remedies. In a modern constitutional democracy, individuals who believe they have been defamed should ordinarily seek redress through civil courts rather than relying on criminal law to silence or punish critics.
From a constitutional reform perspective, Zambia would benefit from a holistic review and eventual replacement of the Penal Code with a modern criminal law framework that reflects democratic values, protects fundamental freedoms, and eliminates outdated colonial provisions that no longer align with contemporary constitutional standards.
Although the ATI was enacted, its operationalisation has been delayed, meaning that citizens have not yet fully experienced the benefits that the law promised. Without effective implementation mechanisms, the transformative potential of access to information remains largely unrealised.
Similarly, while the government introduced a refugee policy intended to facilitate integration, little practical progress has been made toward implementing it. This risks repeating the experience of the Refugees Act No. 1 of 2017, enacted during the previous administration, which created a legal pathway toward citizenship for refugees but was never meaningfully implemented. Progressive laws and policies lose their value when they remain largely symbolic rather than being translated into concrete action.
The Electoral Process (Amendment) Bill, 2026 itself also raises a number of concerns. While the consultation process initiated by the Electoral Commission of Zambia is commendable, the contents of the Bill contain both progressive and worrying provisions. Some of these provisions, if enacted without revision, could become a source of electoral conflict in the future.
Together with other civil society organisations, ZCLU has already pointed out several clauses that should either be removed entirely or substantially cleaned up to avoid unintended consequences that could undermine electoral integrity and public confidence in the electoral process.
A further concern relates to the legislative process itself within the National Assembly of Zambia. Zambia’s Parliament has increasingly developed a reputation for rubberstamping legislation introduced by the Executive.
Too often, Members of Parliament appear to follow party instructions rather than exercising independent judgment when scrutinising laws that will affect the lives of citizens. When legislators behave as extensions of party structures rather than representatives of the people, the quality of legislation suffers.
Laws should be the product of careful reflection, robust debate, and the exercise of conscience by individual lawmakers.
THE WAY FORWARD
Beyond these specific issues, ZCLU believes that Zambia’s constitutional reform agenda remains incomplete. There is still a need to strengthen the independence of the judiciary by ensuring that judges are appointed strictly on merit through transparent processes and protected from removal through procedures that could easily be abused. Judicial independence remains the cornerstone of a functioning constitutional democracy.
Human rights enforcement mechanisms should also be broadened so that citizens and civil society organisations can more easily bring actions before the courts to enforce constitutional rights, particularly in matters affecting the public interest. Strengthening access to justice would ensure that the rights contained in the Constitution are not merely aspirational but enforceable in practice.
Furthermore, Zambia could deepen the separation of powers by reconsidering the current practice of appointing Ministers from within Parliament. Allowing Ministers to be appointed from outside Parliament would strengthen legislative oversight and reinforce the institutional independence of the National Assembly.
As Zambia approaches the later years of the current administration, ZCLU respectfully calls upon President Hakainde Hichilema to reflect on the unfinished reform agenda that formed part of the government’s initial promise to the Zambian people. The reforms achieved thus far demonstrate that meaningful progress is possible when there is political will. However, several key reforms, particularly those relating to civil liberties, public assembly, cyber regulation, refugee integration, and electoral law, still require careful attention.
ZCLU is particularly passionate about seeing that laws and policies affecting refugees, especially children born in Zambia to refugee parents, are not enacted merely as acts of tokenism or as fundraising instruments from the international community. For too long, Zambia has presented itself internationally as a progressive leader in addressing the plight of refugees, while in practice failing to take the legal and administrative steps necessary for genuine legal integration. Local integration happening by confining refugees to camps is not worth being called integration at all.
Laws and policies such as the refugee framework must not exist simply to attract financial support from Zambia’s cooperating partners such as the World Bank or international praise while remaining unimplemented at home. There must be sincerity and political will to ensure that refugees who have lawfully lived in Zambia for many years, and children born and raised in the country, are able to integrate legally and economically into the society they already call home.
ZCLU will continue to support constitutional and legislative reforms that aim at improving the lives of the Zambian people and those who lawfully reside in the country. At the same time, the organisation will remain consistent in calling not only for the enactment of progressive laws but also for their full and effective implementation.
In a constitutional democracy, the promise of reform must ultimately be measured not only by the laws enacted, but by the rights and freedoms that citizens are able to enjoy in their everyday lives.
(ZCLU is a non-partisan, non-sectarian amd non-profit making organisation engaged in promoting humanitarian justice, constitutionalism and the rule of law, and human rights for all. It’s funded by members’ contributions, donations from well-wishers, agencies and institutions who believe in our mission. You can donate any amount today).