LAZ Set to Mount Legal Challenge Against Cyber Laws, Warns of Democratic Backslide
In a major constitutional showdown, the Law Association of Zambia (LAZ) has vowed to challenge the recently enacted Cyber Security and Cyber Crimes legislation in the High Court, warning that key provisions threaten fundamental rights and could severely erode Zambia’s democratic institutions.
In a sharply critical statement issued on April 21, 2025, LAZ President Lungisani Zulu confirmed that the Association will seek judicial review of what it describes as “overbroad and dangerous” clauses in the Cyber Security Act No. 3 and Cyber Crimes Act No. 4 of 2025. LAZ contends these laws imperil civil liberties, particularly freedom of expression and press freedom, as enshrined in Article 20 of the Constitution.
“Many provisions within these Acts not only undermine the freedom of the press but also pose a direct threat to Zambia’s democratic ethos,” Zulu said. He argued that the legislation introduces sweeping powers that could be weaponized to silence dissent and criminalize legitimate journalism.
Central to LAZ’s concerns is Section 19 of the Cyber Crimes Act, which criminalizes “misleading” digital headlines, a provision the Association warns could be wielded to jail journalists for editorial choices. The offence carries a penalty of up to seven years in prison.
Equally alarming, according to LAZ, are Sections 5 and 6, which penalize the unauthorized possession or dissemination of computer data related to broadly defined categories such as national security or public safety. The Association warns that these clauses could criminalize routine reporting or whistleblowing activities without due process.
LAZ further highlighted Section 24(1)(b), which defines incitement of ethnic division as an act of terrorism punishable by life imprisonment. While reaffirming its opposition to tribalism, LAZ cautioned against the provision’s potential misuse. “The law could be selectively enforced to target opposition voices under the guise of preserving national unity,” the statement read.
Also drawing scrutiny is the location of the newly established Zambia Cyber Security Agency under the Office of the President a move LAZ says undermines institutional checks and balances. “Situating this agency within State House invites serious governance concerns and raises the specter of cybersecurity being manipulated for political ends,” Zulu stated.
Calling for a recalibration of the legal framework, LAZ stressed the importance of proportionality and oversight. “National security cannot come at the expense of democratic accountability. Any legislative response must be anchored in constitutional safeguards,” the Association declared.
The planned court action marks a pivotal moment in Zambia’s evolving digital governance landscape and could set a defining legal precedent for the balance between state power and individual rights in the digital age.
Viva Lungisani! Thats what LAZ should be doing all the time. Fighting off tyrants trying to take our country to a dictatorship. UPND are exactly Mussolinis. LAZ should work closely with journalists associations and other free citizens in this battle. The politicians job is always to exploit everyone via self empowering laws. UPND is plainly trying to dribble our constitution to enrich themselves. Fellow citizens let us be vigilant.
You guys should have done that before even that cyber thing became a law
@ Benito
Judicial Review can only be initiated once the National Assembly Bill (NAB) becomes an Act of Parliament (Law).
What a load of nonsense and exaggeration by Lungisani Zulu.
Most modern civilised countries have such legislation in place.
What he wants to see is lies being told and nothing being done about it.
Citizens need to be protected from the perpetrators and the innocent given leave to defend themselves against misinformation.
We should all have the right not to be defamed or slandered in cyberspace.
Zulu has no respect or regard for the victims but all for the perpetrators.
Which is a very sad state of affairs
State House hosts Koswe and Zambian watchdog and now wants to host the cybersecurity policing as well. Your plan is to stifle any opposition and feed us on your 90% promises fulfilment bs.
How true!
Why was LAZ instrumental in usherng multi-partyism in the 1990s? They helped and provided legal services to Zambians to usher multi-partyism, and denounced laws hindering and perpetuating anti-democracy principles and dictatorship during the era of UNIP rule.
When are we going to learn ??? we children should have learnt by now it’s my way or no way
Why do we need this law now?
Bullies always turn out to be the weakest links. This law was enacted to scare people from strategising their campaigns using online platforms.
Insulting, slander and spreading falsehoods is not strategising. Its criminal. Lets learn to make a distinction.
So why was it not a criminal offence when your esteem leader was at it during his campaigns?
Why is LAZ significant in Zambian politics? In 1990, the law association of zambia was in the forefront providing checks and balances, this helped in the smooth ushering of mult-partyism, discarding one party state.