By NATION REPORTER
A HOLISTIC approach is needed to deal with decriminalizing the defamation of the president law and not piece meal attempts, governance activist, Isaac Mwanza has said.
Governance activist Isaac Mwanza in a write-up explains that former Republican president Dr Edgar Lungu when in power indicated that the repealing of defamation of the President was going to be attractive to us as activists but to many lawyers, they know it would be cosmetic for him to repeal Section 69 alone as it would not end the punishing of those who defame the President using the same Penal Code.
He said the former head of state indicated that the Penal Code still had provisions that punished criminal defamation apart from Section 69 and therefore called for a holistic approach by the Law Development Commission to deal with the particular law.
“In 2017, a year after the then President Edgar Lungu assented the Constitution that reduced presidential powers, I asked him about repealing Section 69 of the Penal Code which provided for defamation of the President. The then President said he had instructed the Minister of Justice to engage the Zambia Law Development Commission to take a lead in a holistic review of the Penal Code,” he said.
Mr Mwanza says the huge celebration on the repeal of Section 69 of the Penal Code, especially among various activists may be short-lived as people would still be charged with criminal defamation.
“This year alone and within space of 6 months, Parliament has made two piecemeal amendments to the Penal Code. Of course, every journey begins with one step and President Hichilema has moved two steps towards changing the face of the Penal laws. He must be commended for it,” he said.
He said bold decisions must be taken by President Hichilema’s administration to repeal and replace the entire Penal Code so as to allow democracy to thrive.
Mr Mwanza said the Penal Code was enacted in the colonial time and, in its current form, did not support the growth of our democratic governance.
