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The State has opposed Amnesty International’s application to be admitted as a friend of the court in a constitutional petition challenging the Cyber Security and Cyber Crimes Act, 2025.
The petition, filed by the Law Association of Zambia (LAZ) against the Attorney General, seeks to nullify several provisions of the cyber laws, arguing that they unjustifiably infringe on constitutionally guaranteed rights.
In an affidavit opposing Amnesty International’s bid, Assistant Director for Postal Services and Policy Development, Khumbuzo Nkunika, argued that the international human rights organisation had failed to meet the established principles governing admission as amicus curiae.
Read more: Amnesty International seeks to join constitutional challenge against Zambia’s new cyber laws
Nkunika contended that Amnesty International did not attach a proposed amicus brief to enable the court to assess whether its participation would materially assist in resolving the dispute.
He further argued that both LAZ and the Attorney General were yet to file amended pleadings, which could adequately address the issues Amnesty seeks to raise.
“The intended amicus curiae has not demonstrated any special expertise or distinction that would assist the court beyond what is already contained in the parties’ submissions,” Nkunika stated.
He also submitted that the five issues Amnesty International proposed to canvass had already been raised by other parties or amici, warning that its admission would result in duplication and unnecessarily burden the court.
On the other hand, Amnesty International argued that its intervention was grounded in its global human rights mandate and long-standing experience in constitutional litigation.
In an affidavit in support of the application, Amnesty’s Deputy Regional Director for East and Southern Africa, Vongai Chikwanda, told the court that the organisation had participated as amicus curiae in numerous domestic, regional and international cases involving constitutional and human rights questions.
“The petition raises serious constitutional issues affecting fundamental rights, including the right to privacy, freedom of expression, freedom of association, access to information and the right to an effective remedy,” Chikwanda stated.
She argued that Amnesty International’s comparative and international human rights expertise would assist the court in interpreting the contested provisions in line with Zambia’s constitutional obligations.
Zambia Free Press Initiative Limited has already been admitted as a friend of the court in the matter.
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