𝐓𝐇𝐄 𝐔𝐏𝐍𝐃 𝐌𝐔𝐒𝐓 𝐋𝐄𝐀𝐑𝐍 𝐅𝐑𝐎𝐌 𝐈𝐓𝐒𝐄𝐋𝐅 𝐀𝐍𝐃 𝐖𝐈𝐓𝐇𝐃𝐑𝐀𝐖 𝐏𝐄𝐍𝐀𝐋 𝐂𝐎𝐃𝐄 (𝐀𝐌𝐄𝐍𝐃𝐌𝐄𝐍𝐓) 𝐁𝐈𝐋𝐋 𝐎𝐅 𝟐𝟎𝟐𝟒

 

 

 

 

 

 

𝐵𝑦 𝐴𝑛𝑑𝑦𝑓𝑜𝑟𝑑 𝑀𝑎𝑦𝑒𝑙𝑒 𝐵𝑎𝑛𝑑𝑎

 

The UPND governments Penal Code (Amendment) Bill of 2024 must be withdrawn and we urge the party in power to learn from many historical events on the dangers of enacting controversial laws, which may seem to serve them for now but could have far-reaching consequences beyond their time in office.

 

These laws could then in reverse circumstance be used against them. The same UPND must learn from itself on how they condemned the enactment of the Cyber Security and Cyber Crime Act, the same law they are now quoting and enjoying using against its critics and against the same people who enacted the law.

 

As quoted in my book Economic Systems ‘Dismantling Why Zambia can the model for African transformation’ then opposition UPND spokesperson, who later became the information minister said, “𝘗𝘳𝘦𝘴𝘪𝘥𝘦𝘯𝘵 𝘏𝘢𝘬𝘢𝘪𝘯𝘥𝘦 𝘏𝘪𝘤𝘩𝘪𝘭𝘦𝘮𝘢 𝘩𝘢𝘴 𝘴𝘦𝘵 𝘵𝘩𝘦 𝘳𝘦𝘱𝘦𝘢𝘭𝘪𝘯𝘨 𝘰𝘧 𝘵𝘩𝘦 𝘪𝘯𝘧𝘢𝘮𝘰𝘶𝘴 𝘊𝘺𝘣𝘦𝘳 𝘚𝘦𝘤𝘶𝘳𝘪𝘵𝘺 𝘢𝘯𝘥 𝘊𝘺𝘣𝘦𝘳 𝘊𝘳𝘪𝘮𝘦 𝘈𝘤𝘵 𝘕𝘈𝘉2 𝘢𝘴 𝘩𝘪𝘴 𝘯𝘶𝘮𝘣𝘦𝘳-𝘰𝘯𝘦 𝘱𝘳𝘪𝘰𝘳𝘪𝘵𝘺 𝘰𝘯𝘤𝘦 𝘩𝘦 𝘪𝘴 𝘶𝘴𝘩𝘦𝘳𝘦𝘥 𝘪𝘯𝘵𝘰 𝘰𝘧𝘧𝘪𝘤𝘦 𝘰𝘯 12 𝘈𝘶𝘨𝘶𝘴𝘵”. “𝘓𝘰𝘰𝘬! 𝘛𝘩𝘦 𝘧𝘳𝘦𝘦𝘥𝘰𝘮𝘴 𝘰𝘧 𝘵𝘩𝘦 𝘱𝘦𝘰𝘱𝘭𝘦 𝘰𝘧 𝘵𝘩𝘪𝘴 𝘤𝘰𝘶𝘯𝘵𝘳𝘺 𝘩𝘢𝘷𝘦 𝘣𝘦𝘦𝘯 𝘪𝘯𝘷𝘢𝘥𝘦𝘥”, 𝘩𝘦 𝘢𝘥𝘥𝘦𝘥.

 

As the Zambia Conference of Catholic Bishop (ZCCB) pastoral statement, this act is vague and seems to project to target those who will condemn or calling out acts of tribalism, nepotism and which may well be described as per the act:

 

“A person shall not utter any words or publish any writing expressing or showing hatred, ridicule or contempt for a person or group of persons on the basis of one or more of the grounds specified under subsection which in its broad meaning maybe interpreted as incites hatred, ridicule or contempt for a person or group of persons on the basis of one or more grounds specified under subsection (3).

 

“promotes, in any other way, feelings of ill-will or hostility among or against a person or group of persons on the basis of one or more of the grounds specified under subsection (3)

 

“creates sectarianism, ethnic or tribal divisions, or alienation;

 

“The grounds referred to under subsection (1) and (2) are (a) race; (b) tribe; (c) ethnicity; (d) region; (e) religion; (f) place of origin; and (g) colour”.

 

This law is prone to abuse by both the current ruling and any other political party in the future. Imagine if the UPND who have already been accused by some sections of society of grand patronage or any other political party in the future wants to promote their tribal or ethnic interests and people start condemning them for such practices, this law can easily be abused to silence such voices through its broad definition. It seems like the law wants to enable those practicing tribalism and punish those condemning it.

 

Additionally on hate speech, the law seeks to stiffen punishment against who would be offender:

 

“in the case of a first offence, to imprisonment for a term of not less than seven years and not exceeding ten years; and (b) in the case of second and subsequent offence, to imprisonment for a term of not less than ten years and not exceeding twenty years. A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions (DPP)”.

 

Another worry is how this law gives power to the DPP who is appointed on partisan grounds and openly supported the party in power to choose where he should give consent who should or should not be prosecuted.

Clearly, we all know where this is going.

 

“Look. The freedoms of the people of this country have been invaded”.

 

As the pastoral statement stated the law must be withdrawn for further consultation or discarded all together as we have enough laws already.

 

If they decided to go with it, the law must in clear terms stipulate, how to identify government officials practicing tribalism and nepotism and increase the punishment further for them too.

 

The other proposed amendment of the Penal Code (Amendment) Bill of 2024 is regards to (c) redefine the word vandalise; (d) revise the penalties relating to vandalism; (e) make the possession, conveyance and receipt of vandalised property or material an offence;

 

Whats worrying about this part is the emphasis on the vandalism on information technology infrastructure.

 

“A person who steals critical information infrastructure commits an offence and is liable on conviction to imprisonment for a term not exceeding twenty-five years.

 

“A person who steals electronic communications apparatus used for the provision of electronic communications service commits an offence and is liable on conviction to imprisonment for a term not exceeding fifteen years”.

 

Get me to speed. Could this pertain to electronic equipment that will be used for voting so that those whistleblowers of rigging an election should not attempt at all to alert the public or they will go in for 25 years?

 

Why is the law so broad and the only thing clear is how much punishment people will receive?

 

Imagine a patriotic Electoral Commisson of Zambia (ECZ) official sees certain people manipulating numbers in favor of the ruling party and decides to alert the other people. This could well mean that person is stealing critical information and may end up in jail.

 

“Critical information means information that is declared by a minister to be critical for the purposes of national security or the economic and social well-being of the Republic. Again a partisan minister must prescribe what critical information is?”

 

Why is the broadening of vandalism just focusing on IT and not the solar poles in New Kasama, ZESCO equipment or the case of a young man who was captured vandalizing a seat at Levy stadium? Could this be a case of preparing for 2026 elections where certain questions regarding voting information must not be questioned?

 

Many people when government always hide in the comfort of state institutions and forget that they are not there forever. When they leave office they start complaining just like the Cyber Security Act is being used against those who enacted it.

 

While it is important and commendable to strengthen punishments for a number of offences, looking at things objectively, it is not like the punishments available are not adequate. It is the failure of law Enforcement Agencies (LEAs) to operate effectively due to lack of honest and radical institutional reforms which guarantees independence and the appointment of incompetent people based on patronage and tribal to run these critical institutions.

 

As long as the policy of meritocracy will not be applied in selecting people to run institutions, we can enact a death penalty to all offences and people wont stop committing them.

 

The penal code amendment of Bill of 2024 is unnecessary. Just like I wrote in an open letter to President Hakainde Hichilema on 9th June 2024, I reiterate the same words today.

 

“While it is commended to stiffen laws to deal with discrimination, to avoid such situations like one in Rwanda and other ethnic conflicts in Africa, I would as a way of suggestion request that the issue is dealt with squarely and then amend the laws.

 

“It is important to note that ethnic divisions historically do not just emanate as a result of weak legislation but mainly as a result of inequalities in society. It is also as a result of how other members of society feel treated by those in authority, especially when there is open biasness in accessing opportunities by one group either on tribe or political affiliation. It motivates people to spew tribal remarks and support another person on tribal grounds hoping when that person ascends to power, they can have a better shot at accessing some opportunities. This is what has made politicians to prey on this and become ethnic entrepreneurs.

 

“It is important in addition to amending laws to ensure that society wont feel like certain laws are being made to target one group of people. Your excellency, we know how notorious such amendments can be where individuals in future government can use the same against those who enacted them.”

 

It seems the stealing of the medicine in the Penal Code Amendment of 2024 is what they call a filler in film, just a cover up to the bigger picture. Are you sure, the law doesnt exist to deal with the amendment below on stealing of medicine? Below is the full amendment on medicine:

 

“(1) A person shall not steal medicine, allied substances, medical supplies or medical equipment.

 

“(2) A person who contravenes subsection (1) commits an offence and is liable on conviction

 

“(a) in the case of a first offence, to imprisonment for a term not exceeding ten years; and

 

“(b) in the case of a second and subsequent offence, to imprisonment for a term of not less than ten years and not exceeding fifteen years”.

 

Is that all on the Penal Code (Amendment) of 2024 regarding to medicine? Don’t we have laws to deal with stealing of medicines? I think lets pay attention to the two main amendments on hate speech and vandalism, thats where the devil is.

 

Unlike the UPND, we shall not make a grandiose promise to repeal it but just advise them not to go ahead and enact such dangerous laws which can perfectly be used against them in future.

 

The UPND must remember that they are not first at attempting to manipulate governance systems for their own benefit. Everyone thought they were smart and tried it. They must listen to the cries of the people like the ZCCB pastoral letter indicated because Vox populi, vox Dei and if they ignore the people’s voice it will always end up in tears.

 

/End

 

The author is leader of the Peoples Alliance for Change (PAC) in Zambia and a two – time Presidential candidate.

He is also the author of a newly released book; Economic Systems Dismantling Why Zambia can a be model for African transformation. Now available at Bookworld Eastpak and Mandahill, BM Gospel Sounds Bookshop Levy Mall and Eastpark Stand. (Also available online on Amazon and Draft2digital platforms such as apple book store).

For customized delivery in Zambia, order through: https://www.boldambitionbooks.com/product-page/economic-systems-dismantling-by-andyford-mayele-banda

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