Christian Democratic Party president Daniel Pule has filed a petition in the High Court seeking to have Zambia’s sedition laws declared unconstitutional.
He argues that these laws have been misused by the government to silence opposition voices and restrict free speech.
Pule, who is currently on trial for sedition before the Lusaka Magistrates’ Court, is challenging the legality of Section 57(1)(b) and Section 60(1)(f) of the Penal Code, Cap 87.
According to him, these provisions violate the Bill of Rights and undermine freedom of expression, which is fundamental to a democratic society.
As part of his petition, Pule is requesting an injunction to prevent further arrests or prosecutions under these laws.
He is also seeking damages for what he describes as unlawful detention and the emotional distress caused by his arrest and prosecution.
Pule states that his legal troubles stem from remarks made at a press briefing on May 18, where he addressed issues of tribalism and political appointments in government and parastatal institutions.
He asserts that his comments were part of his role in the opposition, providing checks and balances in governance.
Following the press conference, Pule was detained for eight days, which he describes as an “extra-judicial punishment,” arguing that he should have been presented before a court within 48 hours.
He was granted bail only when trial proceedings commenced.
With the prosecution yet to close its case, Pule maintains that Zambia’s sedition laws criminalize free speech and are being used to suppress political dissent.
He argues that sedition laws have historically been used by colonial governments to silence opposition and that their continued enforcement contradicts democratic principles.
He further claims that such laws lack clear evidential requirements for incitement and are overly broad, leading to arbitrary enforcement.
He cites examples of other Commonwealth countries that have repealed or reformed their sedition laws to align with democratic values and international human rights standards.
Pule asserts that the increasing use of sedition charges in Zambia serves to stifle free expression, political debate, and democratic consolidation.
He urges the court to recognize the outdated nature of the law and declare it unconstitutional.
