Justice Minister Mulambo Haimbe Welcomes Major Legal Reform Milestones

On Tuesday, Justice Minister Mulambo Haimbe announced that the United Party for National Development (UPND) administration had signed and concluded legislation finalising the abolition of the nation’s death penalty, quashing the offence of criminal defamation of the President, and debt management reforms.

On 23rd December 2022, Zambia became the 25th sub-Saharan African nation to abolish the death penalty, a legal landmark eagerly awaited since President Hichilema announced his intention to repeal the law in May 2022. The death penalty had been introduced in 1931 prior to Zambian independence, but since 1997 there have been no executions; nonetheless, as President Hichilema made clear in a tweet, the legal repeal is of major significance to human rights in Zambia, “Promised to amend laws that inhibit democracy, human rights, good governance & basic freedoms. #PromisesDelivered”.

Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa, commented, “Amnesty International welcomes the announcement by President Hichilema […] This is a good and progressive move that shows the country’s commitment to protecting the right to life.” Mr. Chagutah added that Zambia’s decision “should serve as an example to countries in the region that still use the death penalty”.

Zambian human rights activist Brebner Changala praised the legal reform as “a huge milestone in the removal of colonial laws that do not fit in the democratic dispensation of the country”.

Justice Minister Haimbe further clarified that the abolition of the death penalty is final, and that no court jurisdiction existed that could sentence any person to death in Zambia in the future.

Also on 23rd December 2022, President Hichilema signed the repeal of the 1965 law on the defamation of the President. Previous regimes had used this law to silence critics and opposition politicians, suppressing Zambia’s right to true democracy.

Curtailing debt management laws in Zambia intends to limit excessive public borrowing, a strong step towards addressing historic debt incurred by the State.

Speaking on Tuesday’s edition of ‘Let People Talk’ on Phoenix FM, Mr Haimbe also informed listeners that reviews to repeal the Public Order Act and the Cyber Security Act were ongoing. Both laws have been scrutinised by rights groups, and the UPND has previously stated it intends to repeal them while in office.

Introduced in 1955, before Zambian independence, the Public Order Act has historically been used to limit peaceful protests and demonstrations, and the Cyber Security Act was hurriedly brought into force in 2021 by the Edgar Lungu administration on the eve of the election. Civil rights groups suggested that the Cyber Security Act was vulnerable to abuse, enabling government officials to tap telephones of opposition figures.

President Hichilema pledged to repeal both laws while campaigning in 2021, and Mr. Haimbe confirmed on ‘Let People Talk’ on Tuesday that the Public Order Act “is currently being reviewed. The Law Association of Zambia, the Human Rights Commission, Zambia Law Development Commission and other stakeholders have been deliberating on this particular legislation.”

Mr. Haimbe also commented on an ongoing case addressing the Cyber Security Act, explaining that “For the Cyber Security Act, I would say it is “in court” because Chapter One Foundation sued the State”.

Speaking about electoral reform and the UPND’s goals, Mr. Haimbe rightly clarified that any electoral reform would need to be undertaken independently by the Electoral Commission of Zambia (ECZ), in order to maintain the ECZ’s impartiality.

Image via Twitter.