Party president, Pule, challenges constitutionality of Zambia’s sedition laws, demands damages for 8 days incarceration

Christian Democratic Party president, Daniel Pule, has challenged the constitutionality of Zambia’s sedition laws, arguing that they are being used to suppress dissent and stifle free speech.

Currently facing sedition charges, Pule filed a petition with the Lusaka High Court seeking to decriminalize sedition and declare Section 57(1)(b) and Section 60(1)(f) of the Penal Code unconstitutional for violating the Bill of Rights.

He is also demanding damages for false imprisonment, alleging that his eight-day detention was unlawful and exceeded the 48-hour limit before appearing in court.

Pule submitted that at least eight Commonwealth countries had repealed their sedition laws, recognizing them as obsolete and incompatible with international human rights norms.

He argued that Zambia, as one of Africa’s leading democracies, should have repealed the law at independence, noting that it had largely been in disuse until recently.

His legal challenge follows remarks he made at a public event organized by the UK Alliance, a coalition of opposition parties, where he criticized the government’s approach to appointments, alleging regional bias.

Shortly after, he was summoned and detained by police for eight days.

Pule contends that Zambia’s sedition laws are overly broad and vague, allowing for arbitrary enforcement and political abuse.

He argued that the laws do not require a stringent evidential test for incitement to violence or disaffection, making it easier for the government to target opposition voices.

“The law cannot be justified in a neo-liberal and democratic state. By retaining a law that negates fundamental rights and freedoms, the state undermines the Constitution, which created it under the basic structure doctrine,” he stated.

Pule’s legal challenge has significant implications for Zambia’s democracy and the protection of free speech, as it questions government’s continued use of sedition laws in a modern democratic framework.

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