04/02/2025
APOSTLE DAN P**E PETITIONS HIGH COURT TO DECLARE SEDITION LAW UNCONSTITUTIONAL
Christian Democratic Party leader challenges his arrest, arguing sedition laws suppress freedom of expression.
Lusaka, Zambia, February 4 – Christian Democratic Party President Apostle Dan P**e has petitioned the High Court to declare Zambia’s sedition laws unconstitutional, arguing that they are outdated and have been used as a tool to suppress political speech.
P**e, who is facing two counts of seditious practices, has challenged Section 57(1)(b) read with Section 60(1)(f) of the Penal Code Chapter 87, stating that these provisions violate the Bill of Rights and infringe upon freedom of expression in a democratic society.
In his petition, P**e contends that sedition laws have been widely condemned by the United Nations (UN), human rights experts, and legal advocates, who view them as repressive instruments used by governments to silence opposition voices.
“The offence of ‘sedition’ criminalises the right to free expression enshrined in the Constitution,” P**e argued. “The law of sedition is an archaic crime that is frequently used to target political speech, much like minority colonial regimes once used it to suppress the freedom struggle.”
P**e is seeking the following from the High Court:
A declaration that Zambia’s sedition laws are unconstitutional and void for violating the Bill of Rights.
An order restraining the State, its agents, or servants from further arrests or prosecutions based on these provisions.
Damages for false imprisonment, citing anguish and financial losses suffered due to his arrest and detention.
P**e detailed his arrest, stating that he was summoned following a United Kwacha Alliance (UKA) press briefing on May 18, where he criticized the government’s tribal-based appointments in public institutions and parastatals.
“As opposition, we were merely offering checks and balances in line with democratic principles,” P**e stated. “Following this press conference, I was detained in police custody for eight days, an extrajudicial punishment, as I was supposed to appear in court within 48 hours.”
Meanwhile, P**e’s Magistrate Court case failed to take off yesterday after he appeared using a crutch, citing an injury. His lawyer, Katindo Mwale, informed Magistrate Silvia Munyinya that P**e was unwell and required medical attention.
The magistrate adjourned the matter to today to allow P**e to recover before cross-examination of the arresting officer.
P**e’s petition has reignited debate on Zambia’s sedition laws, with legal experts and human rights defenders calling for reforms to align them with modern democratic principles.
