By 
Patriotic Front (PF) faction Secretary, General Raphael Nakacinda, has escalated his legal battle with the state, petitioning the Lusaka High Court to declare Zambia’s sedition law unconstitutional.
Nakacinda, who is currently facing trial in the Lusaka Subordinate Court on two counts of seditious practices, argued that the colonial-era provision is being abused as a political tool to muzzle dissent and criminalise free expression.
In a petition filed under Article 28 of the Constitution, he cited Attorney-General Mulilo Kabesha as the respondent. Nakacinda contended that the police decision to charge him—and the subsequent consent by Director of Public Prosecutions (DPP) Gilbert Phiri to prosecute him—violates his constitutional rights.
The PF official is accused of publishing statements between September 26 and 27, 2024, on Kanele 97.7 FM’s Facebook page, alleging that President Hakainde Hichilema ordered investigative wings to raid former president Edgar Lungu’s home to divert attention from an ongoing eligibility case before the Constitutional Court.
Read more: Archbishop Banda urges Zambians to reject ethnic politics, embrace unity
The DPP later sanctioned his prosecution, claiming his remarks were calculated to incite resistance to lawful authority.
In a separate case before Magistrate Mwandu Sakala, Nakacinda faces another count of sedition linked to comments made on Millennium Radio’s Facebook page on August 21, 2024.
He allegedly accused the UPND government of “undertaking genocide” against citizens by importing aflatoxin-contaminated maize and mealie meal.
Nakacinda, however, maintains that the offence of sedition is vague, archaic, and inconsistent with the Bill of Rights. He argued that Section 57(1)(b), read together with Section 60(1)(j) of the Penal Code, is a relic of colonial repression borrowed from 16th-century England, originally designed to silence political opposition.
“Several countries across the Commonwealth have since repealed or narrowed sedition laws,” he said.
Nakacinda pointed to international criticism, citing United Nations human rights experts and UN Special Rapporteur on Freedom of Expression Irene Khan, who has described sedition statutes as tools of oppression.
Through his lawyers, Makebi Zulu Advocates, Nakacinda is seeking a declaration that the Penal Code’s sedition provisions are unconstitutional and contrary to the Bill of Rights. He also wants the court to restrain the state from effecting further arrests or prosecutions under those provisions.
Additionally, he is seeking an order staying all pending proceedings against him in the Subordinate Court until the High Court determines his petition, along with damages for false imprisonment and related losses.
He argued that prosecuting him for political opinions has a “chilling effect” on free speech and undermines democratic checks and balances.
“The continued use of sedition charges against political expression violates the Bill of Rights,” Nakacinda states.
He added: “It criminalises legitimate criticism of government, which is a cornerstone of democracy.”
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments