Seditious Practices – The Persistence of Colonial Era Laws
By Thompson K Luzendi, SP Member & Activist
After 60 years of independence, Zambia continues to grapple with the shadow of colonial rule in its legal framework. The continued application of colonial era laws, such as seditious practices, raises critical questions about the true extent of our nation’s freedom. These laws, once instruments of oppression used by colonial authorities to suppress African dissent and independence movements, are now being wielded by those in power to silence political opponents and stifle democratic discourse. The most recent example is the arrest of Hon Binwell Chansa Mpundu, Member of Parliament for Nkana Constituency.
During the colonial period, laws criminalizing sedition were designed to maintain the status quo of colonial domination. These laws were used to crush any form of dissent, from peaceful protests to vocal opposition to colonial rule. African leaders and activists who sought independence were frequently labeled as “seditious” and subjected to imprisonment, harassment, and other forms of persecution. For instance, freedom fighters such as Kenneth Kaunda and Harry Nkumbula were at various times arrested under such laws for daring to advocate for the liberation of Zambia from British rule.
These laws were written to serve a regime whose primary interest was not justice but the maintenance of an exploitative and oppressive system. They criminalized any expression of dissent against the colonial administration, effectively silencing the voices of those who sought self-determination and freedom. Unfortunately, despite achieving independence in 1964, these draconian laws remain on our statute books, a painful reminder of a past that we should have long left behind.
Despite the promise of freedom and democracy at independence, successive Zambian governments have continued to use these laws to suppress opposition and dissent from citizens and perceived political opponents. Rather than being repealed, these laws have been repurposed to serve the interests of those in power. The arrest of opposition leaders, activists, and journalists under the guise of combating sedition has become a recurring pattern in Zambian politics.
The arrest of Hon Binwell Chansa Mpundu is a case in point. As an opposition MP, Binwell’s detention under laws that criminalize seditious practices reflects a worrying trend of using colonial era tools of oppression to intimidate political opponents. This is not an isolated incident. In recent past, Mr. Hakainde Hichilema before becoming president and activist Laura Miti, also faced legal persecution under similar laws. These actions undermine the democratic principles enshrined in Zambia’s Constitution and tarnish the country’s reputation as a bastion of justice, peace and democracy in Africa. It is high time for us to confront these colonial laws and chart a new course for the future.
After 60 years of independence, it is imperative to reflect on the principles that inspired our struggle for freedom and independence. The continued use of colonial era laws to suppress citizen voices and dissent is a betrayal of the sacrifices made by our ancestors who sacrificed their lives for our independence. To honor their legacy and fulfill the promise of freedom, we must abolish these laws and embrace a legal framework that promotes justice, equality, and democracy.
Let us not allow the tools of our oppression to become the instruments of our governance. The time for legal reforms is now.