EFF DEMANDS NAKACHINDA JUDGMENT BE SET ASIDE: “REPEALED LAWS CANNOT SILENCE THE ZAMBIAN PEOPLE! – Kasonde Mwenda C EFF President

EFF DEMANDS NAKACHINDA JUDGMENT BE SET ASIDE: “REPEALED LAWS CANNOT SILENCE THE ZAMBIAN PEOPLE! – Kasonde Mwenda C EFF President

Date: October 21, 2025

The Economic Freedom Fighters (EFF) condemn, in the strongest terms, the UPND government’s continued hypocrisy and brazen assault on civil liberties, most recently manifested in the imprisonment of opposition Patriotic Front Secretary General, Raphael Nakachinda. The sentence handed down against Nakachinda—under a law that was repealed in December 2022—is an unconscionable stain on Zambia’s democratic credentials and an affront to the foundational values of freedom of speech and justice.

THE HYPOCRISY LAID BARE: UPND’S PATENT DOUBLE STANDARD

The UPND government seeks to justify the incarceration of Nakachinda for this statement: 
“His Excellency President Hakainde Hichilema had summoned Judges at his private residence, intimidating and coercing them to frustrate PF legal battles.” (Nakachinda, December 13, 2021)

Yet, not so long ago, President Hakainde Hichilema, in his days as an opposition leader, voiced similar—if not more severe—criticisms of the ruling government and judiciary:

1. August 2016:
   “We are deeply concerned about the erosion of judicial independence in Zambia, which threatens the rule of law and democracy. The courts have denied us a fair hearing in our presidential petition.”

2. August 2017:
   “Persecution through prosecution is what is happening—using the courts to silence political opposition is unacceptable and a violation of fundamental human rights.”

3. May 2017:
   “The continued adjournment of our case and the denial of bail are clear evidence of how the law is being used as a weapon to punish dissent and undermine democracy in Zambia

4. November 2017:
   “President Lungu’s statements and actions are an affront to the independence of the judiciary and a dangerous step toward authoritarianism in Zambia.”

5. August 2018:
   “The government’s manipulation of the courts is glaring for all to see. Justice in Zambia has become subject to the whims of those in power.”

The above statements by Mr. Hichilema, documented by reputable international bodies and local press, are strikingly similar or even more direct than Nakachinda’s. The glaring injustice here is that none of these statements led to prosecution or imprisonment.

The EFF decries this selective use of repealed legislation and the double standard applied to voices in opposition.

HUMAN RIGHTS AND THE GAG ON ZAMBIA’S CITIZENS

The decision to jail Nakachinda, under Section 69 of the Penal Code—a law formally repealed in December 2022—signals the rebirth of repression in our polity. It sends a chilling signal to every Zambian: if you dare speak up, you risk jail time, even under laws no longer recognized by our Parliament. Human rights organizations have warned that this practice is nothing short of a gag order on all Zambians and establishes a precedent that threatens the foundation of free speech and open democratic engagement.

We ask: Is this the Zambia our forebears fought to liberate? Are we to exchange political colonialism for judicial tyranny? The answer must be a resounding “No!”

EFF’S VISION: HUMANITY, MEDIA FREEDOM, AND JUSTICE

The EFF pledges that under our leadership, never again will any Zambian face prosecution or imprisonment for exercising the fundamental right to free expression. We affirm:

– The protection of journalists, whistleblowers, and political commentators who question authority. 
– The enforcement of freedom of speech, creativity, and civic participation without fear of persecution. 
– The immediate and unconditional nullification of unjust convictions such as that of Nakachinda—especially when the very law underpinning the prosecution has been annulled by Parliament.

We call upon the UPND government to reflect honestly on its own record and to apply equal standards—past, present, and future. EFF demands that President Hichilema and the current administration take urgent steps to **set aside and discharge this disastrous judgment** and restore full freedom of speech for all Zambians.

The future of Zambia depends on it. Kasonde Mwenda C

Issued by:
Kasonde Mwenda C.
President
THE ECONOMIC FREEDOM FIGHTERS (EFF)  

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