UNDERSTANDING SEDITIOUS PRACTICES LAW, ACCORDING TO THE ZAMBIAN CONSTITUTION.
By Munanjala Sylvester
The past years, we’ve seen and heard of Zambians being charged for Seditious Practices, especially politicians. But very few of us, can confidently say we fully understand this law.
So I figured it’s important for all of us to understand what seditious practices law really is, when it was enacted, examples of seditious practices, punishments and how we can avoid breaking the law.
SO WHAT EXACTLY DOES SEDITION MEAN?
Seditious Practices Laws in Zambia are governed by the Penal Code Act, which was first enacted in 1931. These laws aim to maintain public order by addressing actions or expressions, that could incite discontent or rebellion against the government.
Section 60 of the Penal Code, defines seditious practices as acts, words, or publications intended to:
– Bring hatred, contempt, or disaffection against the government.
– Incite resistance to laws or lawful authority.
– Promote ill will among communities or classes of people.
The seditious practices law was later amended in 1965, adding provisions for defamation of the President under Section 69.
So you can’t just say anything you want about the president, like insulting him, or making false claims about his health or anything related to his wellbeing. It’s punishable under the laws of Zambia, as false claims can raise alarm in the country.
EXAMPLES OF SEDITIOUS PRACTICES
– Posting social media posts encouraging citizens to rise against the government.
– Publishing materials that call for the unlawful overthrow of the government.
– Publishing materials or posts that defame the president in any way.
– Insulting or undermining the Zambian national anthem.
– Distributing content aimed at inciting disobedience to laws of the country.
– Being in possession of seditious publications, without lawful excuse.
PUNISHMENTS FOR BREAKING SEDITIOUS PRACTICES LAW
1.First Offence:
Up to 7 years imprisonment and/or a fine equivalent to 6,000 penalty units.
2.Being in possession of Seditious Material:
First offence: 2 years imprisonment.
Second offence: 5 years imprisonment.
3.Publishing false news with intent to cause fear or alarm the nation, is also penalized under related provisions with a sentence of 3 years imprisonment.
4.Insulting, mocking or undermining the Zambian national anthem is also punishable by law, with a prison sentence of not more than 2 years.
5.Defaming or insulting the President of Zambia is punishable by law, with a prison sentence not exceeding 3 years.
HOW TO AVOID BREAKING THE LAW??
To avoid breaking seditious practices laws and staying away from punishment;-
– Refrain from publishing or distributing material that promotes discontent against the government.
– Don’t incite violence among citizens or ethnic groups.
– Don’t encourage citizens to rise against the government, or against one another.
– Verify the truthfulness of statements before publication.
– Seek legal advice, if unsure about your content’s legality.
It’s important to note that every country has laws that need to be followed by all citizens including; politicians, journalists and activists. No one is above the law.
And as you can see, seditious practices law wasn’t just created yesterday, it’s been standing from the Kaunda UNIP days. So if our ancestors managed to live without breaking this law, then we can also manage.
There’s always a better and more peaceful way, to get your message across. You don’t always have to incite violence or cause confusion, for you to be heard. Let’s follow what the law says, to avoid punishment.
Together, for a Better Zambia!!