Should Zambia Declare A State Of Emergency?

As the number of confirmed Covid-19 cases continues to rise there is some debate as to whether the government should declare a national emergency.

Across the globe countries including the US, Spain, Portugal, Jordan, Serbia, and Hungary have already declared a State of Emergency, and it seems likely that others will follow in the coming days and weeks.

At home there have been those already calling for such. These include constitutional lawyer John Sangwa, who has set out his arguments for this position in a letter addressed to President Edgar Lungu.

According to Sangwa, President Lungu should consider invoking Article 30 of the constitution and declare a State of Emergency in response to the coronavirus pandemic and rising number of cases within the country.

Sangwa describes current measures as inadequate and suggests the solution is a State of Emergency.

“Given the very desperate state of our economy and healthcare system, the corona virus is a clear and present danger to our very existence as a country… It is better for us to sacrifice our rights and freedoms now for a period not exceeding three months than to continue to enjoy these rights and freedoms at the cost of the destruction of the very people that are meant to enjoy them in the future.” 

However, other legal experts have disputed the necessity of such a move. Chief among these is Linda Kasonde, the Executive Director of Chapter One Foundation and former Lawyers Association of Zambia (LAZ) president. 

According to Kasonde, in Zambia’s case the provisions of the Disaster Management Act should be sufficient for government to address the pandemic. Her opinion is that such an approach is preferable as it would offer better protection of human rights. 

Regarding the calls for President Lungu to institute a State of Emergency Kasonde stated, “Chapter One Foundation is of the firm view that the Disaster Management Act provides an adequate and comprehensive framework for the government to take the necessary erasures and to introduce the necessary regulations to address the Covid-19 scourge without unduly compromising on human rights in Zambia.”

Kasonde referenced what is happening in South Africa in support of the group’s position, stating that the government there has been able to successfully institute lockdown measures under the country’s Disaster Management Act. 

“As an organization that among other things promotes and protects human rights, we cannot support the calls for the president to declare a State of Emergency when there are other adequate alternatives. We are of the view that the Constitutional Provisions on the State of Emergency are best suited to situations of actual war or civil strife.”