LAW ASSOCIATION TAKES GOVERNMENT TO COURT OVER NEW CYBER LAWS

LAW ASSOCIATION TAKES GOVERNMENT TO COURT OVER NEW CYBER LAWS

In a bold legal move, the Law Association of Zambia (LAZ) has petitioned the High Court of Zambia (Constitutional Jurisdiction), seeking the nullification of several provisions in the newly enacted Cyber Security Act No. 3 of 2025 and the Cyber Crimes Act No. 4 of 2025, which they argue violate constitutional rights and freedoms.

Filed on 11th July 2025, the petition, registered under 2025/HP/ at the Principal Registry in Lusaka, challenges the legality of multiple sections of the Cyber Laws, alleging they infringe on fundamental rights enshrined in the Constitution of Zambia, including:

The right to privacy (Article 17),

Freedom of conscience (Article 19),

Freedom of expression and the press (Article 20),

and Freedom of assembly and association (Article 21).

According to the petition, signed by LAZ’s legal team from Messrs. Mwenye & Mwitwa Advocates, the enactment of the laws by President Hakainde Hichilema on 8th April 2025 has introduced sweeping powers that “risk undermining constitutional liberties.” LAZ contends that provisions within the laws grant “excessive surveillance and enforcement powers on State agencies,” allow for warrantless searches, and criminalise expression without adequate legal safeguards.

“The Cyber Laws are couched in vague, broad, and discretionary terms and are not reasonably justifiable in a democratic society,” reads part of the petition.

Specifically, LAZ is challenging Sections 5, 6, 10, 21, 22(2), 24(1)(b), 24(2), 27, 30, 31, and 32 of the Cyber Crimes Act, and Sections 2, 18, 23(3), 23(4), 29, 30, and 32 of the Cyber Security Act, describing them as unconstitutional and inconsistent with Zambia’s Bill of Rights.

The association further argues that the cumulative effect of the impugned provisions is to “chill legitimate expression, intrude upon private communications, and stifle freedom of conscience and association.”

In their prayer to the court, LAZ seeks:

1. A declaration that the specified provisions of the Cyber Laws are unconstitutional; and

2. An order for the said provisions to be struck off the statute book.

The Attorney General, who is the respondent in the matter, is being sued in his official capacity as the government’s chief legal advisor. The petition is anchored on the Protection of Fundamental Rights Rules (S.I. No. 156 of 1969).

LAZ has historically taken a strong stance on constitutional governance and civil liberties, and this petition marks a significant test of the balance between national security and civil rights in the digital age.

Critics of the Cyber Laws have warned that such legislation, if unchecked, could be weaponised to suppress dissent, monitor citizens without cause, and muzzle media and civil society.

The matter is now before the High Court, and legal analysts expect it to set a precedent on how far the state can go in regulating cyberspace without breaching the supreme law of the land.

©️ KUMWESU | July 16, 2025