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Opposition politician sentenced for ‘Defaming President’ under repealed law

On 17 May, Raphael Nakacinda, secretary general of Zambia’s main opposition party, the Patriotic Front, was sentenced to 18 months in prison with hard labour, having been convicted of defaming the President under a law repealed in December 2022. The conviction related to 2021 comments in which he accused President Hakainde Hichilema of coercing the judiciary. The colonial-era defamation law had long been used by Zambian governments to silence their critics and in signing its repeal, Hichilema had described it as ‘inhibit[ing] the growth of democracy…’ However, the repeal did not apply retroactively and defamation cases such as Nakacinda’s, which were initiated before the repeal are still being prosecuted. When sentencing Nakacinda, the magistrate is reported to have said she wanted to deter others and NGO Human Rights Watch have warned that the case will have ‘a broad chilling effect’ on freedom of expression in Zambia. A growing number of commentators and CSOs have raised concerns about civic space shrinkage in the country.

Sources: Human Rights Watch, International IDEA (1), Vatican News, Zambia Monitor, International IDEA (2), Mail & Guardian

Primary categories and factors
Info
Rights -1 Rights  (-1)
Civil Liberties
Freedom of Expression

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