M’membe charged under Cyber Crimes Act over remarks on Edgar Lungu burial

Socialist Party president Dr Fred M’membe has been charged under Zambia’s Cyber Crimes Act No. 4 of 2025 following remarks he made concerning the delayed burial of former president Edgar Chagwa Lungu.

Police opened the case after statements in which M’membe alleged that President Hakainde Hichilema had effectively prevented the burial of the late former head of state. Authorities say the remarks amount to harassment and humiliation communicated through electronic platforms, an offence provided for under the cybercrime legislation.

The charge arises from comments in which the opposition leader questioned why the burial of the former president had not taken place several months after his death. In the remarks that triggered the case, M’membe said the situation surrounding the late president’s remains was unacceptable and suggested that state actions had contributed to the delay.

Police say the matter falls under provisions of the Cyber Crimes Act that criminalise the use of digital communication to harass or humiliate individuals.

Following the charge, M’membe indicated that he would continue speaking on national matters despite the legal action.

The Socialist Party leader maintained that raising questions about the burial of a former head of state was a legitimate public concern. He said the prolonged delay in the burial had disturbed many citizens and argued that discussing the issue should not result in criminal proceedings.

“I will not be silenced,” M’membe said.

The development has attracted reactions from political figures who say the arrest highlights growing tensions in the country’s political environment.

Council of Elders member Dr Akashambatwa Mbikusita-Lewanika said the arrest had contributed to unease among citizens, stating that the increasing number of legal cases involving opposition figures was creating uncertainty in the public sphere.

Mbikusita-Lewanika said political discourse should allow citizens and leaders to express views on national matters without fear of legal consequences.

The case has also brought renewed attention to Zambia’s cyber legislation, which was enacted in 2025 to address offences committed through electronic communication.

Authorities have defended the law as necessary to deal with misuse of digital platforms that could lead to harassment, misinformation or public disorder.

However, the application of the law in matters involving political commentary has drawn scrutiny from political actors and civil society groups who argue that public discussion on national issues should remain protected.

The charges against M’membe emerge in a politically sensitive period as Zambia approaches the next general election.

Opposition leaders have increasingly relied on both traditional and digital platforms to communicate political messages to supporters, while authorities have emphasised the need for online communication to remain within the limits established by law.

Legal proceedings arising from the case are expected to determine whether the remarks attributed to the Socialist Party leader meet the threshold of harassment or humiliation as defined under the Cyber Crimes Act.

For now, the matter has drawn national attention to the intersection between political speech and digital communication laws as courts prepare to examine the case.