The Public Order Act continued to be used to curtail freedom of assembly. Journalists were arrested for reporting on alleged corruption, while the death sentences of 332 prisoners were commuted to life imprisonment.

Background

Zambia held a presidential by-election on 20 January, following the death of President Michael Sata on 28 October 2014. The election was narrowly won by Edgar Lungu of the Patriotic Front. Electricity shortages led to lengthy blackouts of up to 14 hours daily, forcing businesses and mines to scale down operations and lay off workers. The Zambian kwacha lost 80% against the US dollar during the year, driving food prices up. The country’s rising debt affected the provision of social services.

Freedom of assembly

Police continued to implement the Public Order Act (POA), arbitrarily restricting freedom of assembly for opposition parties and civil society. While Section 5(4) of the POA provides for every person who intends to assemble or convene a public meeting, procession or demonstration to give the police seven days’ notice, police often interpreted this provision to mean police permission is required before any public assembly can proceed.

In May, police opened a docket against opposition leader Hakainde Hichilema after he conducted a door-to-door campaign in Kamwala market in Lusaka, the capital. He was questioned by police in the presence of his lawyers for over an hour, and made to write a letter of undertaking to comply with the provisions of the POA to be spared prosecution.

Freedom of expression – journalists

On 15 July, police arrested Fred M’membe, owner of The Post newspaper, and journalist Mukosha Funga for an article they published in March. The article discussed the investigation by the Anti-Corruption Commission (ACC) of a presidential aide for soliciting a bribe from a Chinese businessman to arrange an appointment with the President. The Post had published a letter from the ACC to the President notifying the President about its investigation. In May, the presidential aide reported the leak to the police, who questioned the journalists before releasing them. However, on 15 July they were arrested and spent a night in custody before appearing in court, charged with publishing classified information. The journalists were released on bail the next day, which was set at over US$3,000 each.

Justice system

In October, President Lungu pardoned Boris Muziba, Nayoto Mwenda and Wasilota Sikwibele, three prisoners from the Western Province. The three men were jailed for three years in August 2014 for “publication of false information with the intention of causing fear and alarm to the general public”, under Section 67 of the Penal Code. The charges stemmed from their activities as members of a movement calling for the secession of the Western Province from Zambia. Five other men were remanded in custody since their arrest in December 2014, following the announcement in August 2013 by one of them, Afumba Mombotwa, that they would set up a transitional government for Barotseland – a region which includes the Western Province.

Death penalty

On 16 July, President Lungu commuted the death sentences of 332 prisoners to life imprisonment, after witnessing harsh prison conditions during a visit.¹

1. Zambia: Commuting death sentences a laudable first step (News story, 16 July)