"One Law, Two Faces"

... Civil society accuses government of protecting friends and punishing opponents.

By Francis Maingaila

Lusaka | Zambia24 – A powerful coalition of civil society organisations has come out swinging against the government following the conviction and imprisonment of blogger Elias Musyani and Lumezi Member of Parliament Munir Zulu, calling it a blatant display of double standards in Zambia’s justice system.

The Civil Society Consortium, said in a statement that the State is weaponising outdated criminal defamation laws to muzzle dissenting voices while turning a blind eye to similar or worse offences committed by political allies.

“This is not about justice; it’s about control,” Consortium Chairperson Isaac Mwanza charged.

“We are witnessing the return of a system where critics are dragged to court and jailed, while government loyalists insult, provoke, and walk free without consequence. This is a dangerous path for any democracy.”

A Chilling Message to Critics

Musyani and Zulu were both convicted under criminal defamation laws — a controversial legal provision many civil rights advocates believe belongs in the colonial past. The Consortium says these charges are being selectively revived to punish individuals who are not aligned with the ruling establishment.

“These sentences send a chilling message: speak against the government, and you’ll face prison. Stay loyal, and the law won’t touch you,” Mwanza said.

“We’re not just talking about injustice here; we’re talking about state-sponsored intimidation.”

One Law, Two Faces

The Consortium pointed to the case of Robert Chabinga, the controversial Patriotic Front (PF) faction leader and an ally of the current administration.

Despite publicly issuing inflammatory and disparaging remarks against former President Edgar Lungu and accredited foreign diplomats — actions that fall squarely under Section 71 of the Penal Code — Chabinga has faced no legal consequences.

“If the law was truly blind, Mr. Chabinga would be standing trial too,” Mwanza said. “Section 71 clearly criminalises any speech aimed at insulting foreign dignitaries, especially when it threatens diplomatic relations. But instead, we see silence from law enforcement. Why? Because he’s in the good books of the ruling elite.”

Justice or Political Convenience?

The Consortium insisted that it does not wish to see Chabinga prosecuted either — not because his remarks were acceptable, but because it fundamentally rejects the use of criminal defamation as a tool of punishment. However, what it strongly opposes is the selective enforcement of the law.

“We don’t want more people jailed for speech — we want no one jailed for speech,” Mwanza explained.

“But if the State insists on enforcing these laws, then they must be applied equally. Justice must not be served based on political affiliation.”

He added that the legal system is being compromised by political interests, turning courts into battlegrounds for silencing opposition while shielding the politically connected.

“Justice must be blind — not politically convenient,” he declared.

Damage Beyond Borders

The Consortium also raised alarm over the diplomatic fallout from Chabinga’s remarks, saying they were not only reckless but also damaging to Zambia’s standing on the global stage.

“Chabinga’s statements were irresponsible, inflammatory, and unbecoming of someone who sits on Parliament’s Standing Orders Committee,” Mwanza said.

“When someone with that level of authority makes such undiplomatic comments and walks away untouched, it reflects badly on the entire administration.”

He added that the government’s silence on Chabinga’s conduct shows tacit approval, which could have long-term consequences for Zambia’s diplomatic relationships.

Call for Legal Reform

The group has called for an immediate repeal of criminal defamation laws, arguing that they have no place in a democratic society.

“These laws are relics of an oppressive past,” Mwanza said.

“If this administration is truly committed to human rights, transparency, and democracy, then it must begin by scrapping these laws and reforming the justice system to ensure it serves all citizens equally — not just those in power.”

The Verdict of the People

Mwanza closed his remarks with a warning: the people of Zambia are watching, and public trust in state institutions is fast eroding.

“You cannot claim to build a new dawn while recycling old injustices. The courts must be a place of fairness, not a tool for political revenge. If we allow this selective justice to continue, then we must admit — we are no longer governed by the rule of law, but by the rule of power.”