17/10/2026
CIVIC RESPONSIBILITY MUST ANCHOR OUR DEMOCRATIC FREEDOMS
By Lengwe Cornelius Bwalya
True power is never loud, and true authority does not trade in terror. Recent remarks by Christopher Mundia, Special Assistant to the President for Legal Affairs, bring this principle into sharp focus.
In an era of global digital connectivity, we are witnessing a disturbing trend in our political culture, where physical distance is mistaken for immunity and social media platforms are increasingly used to spread insults, threats and incitement to violence.
As a nation, we must draw a clear distinction: political dissent is a democratic right, but threats of violence and incitement to criminal conduct are not legitimate forms of political expression.
Every Zambian has a fundamental right to criticise the government, hold public officials accountable, express political opinions and demand transparency and reform. These freedoms must be protected, even when criticism is harsh, unpopular or uncomfortable.
However, freedom of expression does not provide immunity for conduct that constitutes a criminal offence.
In December 2022, President Hakainde Hichilema assented to the Penal Code (Amendment) Act No. 23 of 2022, which repealed Section 69 of the Penal Code, effectively abolishing the offence of criminal defamation of the President.
This landmark reform was widely welcomed as an important step towards strengthening democratic expression.
However, the removal of this offence did not eliminate other laws governing criminal conduct.
Zambia's legal framework includes the Cyber Security Act No. 3 of 2025 and the Cyber Crimes Act No. 4 of 2025, which replaced the earlier Cyber Security and Cyber Crimes Act of 2021.
These laws address cybersecurity and specified offences involving computer systems, including certain forms of online harassment, fraud and other unlawful digital activities. The Penal Code and other applicable legislation also provide for offences involving threats, incitement and public order.
It is important, however, to distinguish between legitimate political expression and conduct that meets the legal requirements of a criminal offence.
Criticising a President, questioning government policies or expressing political dissatisfaction is not, in itself, criminal conduct.
Conversely, credible threats of violence, criminal incitement and other unlawful acts cannot be justified merely because they arise from political disagreement.
The Presidency is not merely about the individual occupying the office. It is a constitutional institution representing the authority and sovereignty of the Republic. Respect for this institution is essential to national stability.
Nevertheless, respect for the Presidency must coexist with the public's right to scrutinise its occupant. Indeed, constitutional institutions are strengthened, rather than weakened, when citizens exercise their democratic rights responsibly.
Political disagreements should therefore be addressed through lawful debate, constructive engagement and established democratic processes, rather than threats, intimidation orviolence.
For too long, a misconception has persisted that residing outside Zambia places individuals beyond the reach of domestic law.
Christopher Mundia has cautioned against this assumption, reminding citizens that geographical distance does not necessarily shield individuals from accountability for criminal conduct.
Zambian legislation provides mechanisms for international cooperation in investigating certain offences committed through digital platforms.
Under the Cyber Crimes Act of 2025, specified cyber offences may also be subject to extradition procedures, in accordance with applicable laws and international arrangements.
Zambians living in London, Washington, Johannesburg or elsewhere remain free to participate in national political discourse. However, living abroad does not automatically provide immunity where conduct constitutes an offence and the relevant jurisdictional requirements are satisfied.
Digital platforms should therefore be used responsibly, regardless of geographical location.
Zambia's hard-earned peace and democratic freedoms deserve protection.
Citizens must exercise their rights responsibly, while law enforcement institutions must apply the law fairly, consistently and without political discrimination.
Freedom of expression should never be confused with freedom to threaten violence. Equally, the enforcement of criminal laws should never become a means of suppressing legitimate criticism.
Democracy requires both responsible citizenship and accountable leadership.
We must cultivate a political culture in which disagreements are resolved through dialogue rather than intimidation, and where differences of opinion do not become threats to national peace.
Ultimately, patriotism should be measured not by unquestioning loyalty to political leaders, but by our commitment to the constitutional values that unite us.
Let our political debates be defined by the strength of our ideas, the integrity of our conduct and our shared responsibility to safeguard Zambia's democracy.
