Legal battle ensues over Cybersecurity, Cybercrimes Acts, as Zambian lawyers drag govt to court

The Law Association of Zambia (LAZ) has taken the government to court, arguing that the newly enacted cyber laws unjustifiably infringe upon constitutionally protected rights, including privacy, freedom of expression, freedom of the press, freedom of conscience, and freedom of association.

In a petition filed before the Lusaka High Court on July 11, 2025, LAZ is seeking to have several provisions of the Cyber Security Act No. 3 and the Cyber Crimes Act No. 4 of 2025 declared unconstitutional and struck off the statute books.

The Attorney-General is cited as the respondent, in his capacity as the government’s principal legal advisor.

Represented by Messrs Mwenye & Mwitwa Advocates, LAZ contends that numerous sections of the two Acts are vaguely worded, overly broad, and confer excessive powers on state agencies.

The association argues that the laws allow warrantless searches, criminalize wide-ranging forms of expression without clear legal thresholds, and impose disproportionate penalties, including life sentences for certain online activities.

LAZ maintains that the contested provisions violate Articles 17, 19, 20, and 21 of the Constitution of Zambia, which guarantee the rights to privacy, freedom of conscience, freedom of expression, press freedom, and freedom of association.

The association argues that these provisions are not reasonably justifiable in a democratic society and are therefore null and void to the extent of their inconsistency with the Constitution.

The petition highlights the cumulative chilling effect of the impugned provisions, warning that they threaten to suppress legitimate expression, permit arbitrary interference with personal data and private communications, and stifle civic engagement.

Among the specific provisions challenged are:

Cyber Crimes Act: Sections 5, 6, 10, 21, 22(2), 24(1)(b), 24(2), 27, 30, and 32

Cyber Security Act: Sections 2, 18, 23(3)-(4), 29, 30, and 32

LAZ referenced its earlier public statement issued on April 12, in which it criticized the enactment of the two laws just days after President Hakainde Hichilema signed them on April 8, warning that they posed a threat to fundamental rights and democratic principles.

The association now seeks a court declaration that the contested provisions are unconstitutional, and an order directing that they be removed from Zambia’s statute books.

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