THE PROPOSED EMMENDMENT OF SECTION 70 OF THE PENAL CODE DRACONIAN, RETROGRESSIVE AND VIOLATES A NUMBER OF RIGHTS… CHISANGA SAYS
…. appreciates stakeholders that have taken the issue seriously and condemned it…
Lusaka, Friday 22 November 2024 (Smart Eagles)
PF Chairperson for Legal and Constitutional Affairs George Chisanga has described the proposed ammendment to section 70 of the Penal Code as Draconian, retrogressive, Counterproductive and not healthy in a Democratic society.
He says while he agrees with sentiments made previously by President Hichilema that there is an increase in hate speech in the country, he does not agree that making the offense punishable with a prison sentence between 7 to 20 years is reasonable.
He says he on a number of occasions has expressed this but does not see how the amending the Law is the answer to the issue.
“I have agreed that the president was right to make an observation that there is a growing trend of hate speech in the country. I agree with him, and so many Zambians agree with him, but what I don’t agree with the president… is that his lone voice must result in us amending the Law and introducing such harsh terms as a 20 year sentence for hate speech.” He says.
Mr Chisanga who is also PF Lukashya Member of Parliament however says he is gratified that many Zambians have taken interest in this subject and spoken to to it.
“I am gratified that a lot of Zambians have taken this issue with the seriousness it deserves and they have wholesomely condemned this manoeuvre by the UPND government to ammend the Penal Code to give themselves extensive powers on how they’re going to deal with people in so far as ethnic and tribal relationships are concerned.” He says.
He says the UPND since assuming government has armed itself with the provisions of the Law to deal with those who don’t agree with them, adding that section 7 of the Penal Code is one such Law.
He states that in its current form the Law has been very effective in regulating hate speech even though the UPND has been abusing it.
“Their desire now is to expand the definitional concept of this provision to ensure that if they don’t agree with what (for example) Hon Mundubile says about them, what Hon. George Chisanga says about them, they’ll envoke the provisions of section 70 as amended and have that person not only confined to custody and if unfortunately a person gets convicted, they’ll go to and serve a jail term of between 7 years and 20 years.” He says.
Quoting the sentiments related to this subject made by the Catholic Bishops in a Pastoral letter issued last week, Mr Chisanga said that there is nobody that has called for the ammendment of this particular Law apart from president Hichilema and that Zambians have not been consulted on whether it is desirable to ammend the Law in question.
“Law Development Commissioners have nor gone around the country to find our from Zambians whether it is desirable to ammend the Law,the only thing Zambians know is what the president said when he had a press briefing, where he lamented the growth of hate speech in the country.”
I think that this Law is very retrogressive andshould not be allowed to pass throigh this National Assembly but I call upon Zambians to voice out against any agenda that seeks to ammend this Law.” Mr Chisanga added.
The Lukashya Lawmaker is however of the view that government should consider interrogating the cause of the increase in hate speech and tackle it using education and other avenues as opposed to amending the Law and making the punishment stiffer.
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