Bill 7 Cited as Example of Legal Authoritarianism

Bill 7 Cited as Example of Legal Authoritarianism

Former Attorney General Musa Mwenye has warned that democratically elected leaders can gradually become dictators if constitutional safeguards are weakened and citizens fail to remain vigilant.

Speaking in Lusaka during the launch of the LCK Freedom Foundation, Mwenye said Zambia’s democratic gains remain fragile despite more than three decades of multiparty rule. He cautioned that democracy does not collapse overnight but can be eroded through laws and practices that concentrate power in the executive.

Mwenye urged lawyers to use both courtroom action and public advocacy to resist any measures that infringe constitutional rights. He said it was a constitutional duty for legal professionals to challenge laws and actions that undermine free expression, weaken checks and balances, or restrict civic space.

He said countries across the world had witnessed elected leaders entrench themselves in power through legal and institutional manipulation, leaving citizens without effective mechanisms to correct or remove them. According to Mwenye, this process often creates what he described as soft authoritarian regimes.

Mwenye said such regimes typically maintain the appearance of democracy through regular elections while hollowing out democratic substance. He cited features such as manipulated electoral processes, executive capture of the judiciary and parliament, suppression of dissent, and propaganda as hallmarks of these systems.

He warned that Zambia was not immune to these dangers and said vigilance was essential to prevent democratic backsliding. According to Mwenye, holding elections alone is not sufficient if the environment in which they are conducted is not free and fair.

He said democracy’s strength lies in the ability of citizens to remove leaders peacefully through elections when they determine that those leaders are no longer serving the public interest. When that ability is compromised, he said, democracy becomes an empty ritual.

Mwenye said laws that restrict media freedom, limit free expression or reduce accountability must be challenged before they become entrenched. He urged lawyers to recognise their role as guardians of the Constitution rather than passive observers.

He also commended the newly launched LCK Freedom Foundation for its role in promoting constitutionalism and defending democratic values. He praised executive director Linda Kasonde for her continued efforts to safeguard the Constitution and resist abuses of power.

Kasonde, speaking at the same event, described Bill 7, now Act Number 13 of 2025, as an example of what she termed legal authoritarianism. She said the legislation had been presented as reform but raised serious concerns about accountability, democratic participation and the balance of power.

Kasonde said the implications of the law had alarmed lawyers, civil society organisations and ordinary citizens. She warned against complacency and urged sustained scrutiny of laws that weaken constitutional safeguards under the guise of efficiency or stability.

She said democracy requires constant interrogation of power and laws, adding that citizens and institutions must challenge abuses wherever they occur. According to Kasonde, the erosion of democratic protections often happens gradually and can be normalised if left unchallenged.

Mwenye concluded by urging citizens to remain alert to the risks of concentrated power. He said democracy demands active participation, strong institutions and a legal profession willing to confront overreach in defence of constitutional order.