Zambia Govt: No Resources to Track Citizens Disparaging President Abroad

In Zambia, the Ministry of Home Affairs and Internal Security, through Permanent Secretary for technical services Dickson Matembo, recently announced that the government will not allocate resources to track Zambian citizens living abroad who are critical of President Hakainde Hichilema on social media platforms.

This statement by a senior government official carries significant implications for freedom of expression, particularly for Zambian citizens residing outside the country's direct jurisdiction. It suggests a policy stance that, while not a formal legal ruling, could influence how the government approaches online criticism from its diaspora. For practitioners, it highlights the ongoing tension between national security interests, presidential dignity, and fundamental human rights, especially in the digital age where geographical boundaries are blurred. It also touches upon the practical limitations of enforcing domestic laws extraterritorially, indicating a pragmatic approach to resource allocation.

The relevant legal framework in Zambia would typically include constitutional provisions guaranteeing freedom of expression, such as Article 20 of the Constitution of Zambia, which protects freedom of speech and expression, subject to certain limitations. However, laws like the Cyber Security and Cyber Crimes Act No. 2 of 2021, or provisions related to defamation or sedition under the Penal Code, could theoretically be invoked against individuals, even those abroad, if their actions are deemed to have an effect within Zambia. The challenge, as acknowledged by the government's statement, lies in the practical enforcement and resource allocation for such extraterritorial tracking and prosecution, especially given international legal principles regarding jurisdiction and the complexities of cross-border legal action.

The primary parties involved are the Zambian government, specifically the Ministry of Home Affairs and Internal Security represented by Permanent Secretary Dickson Matembo, and Zambian citizens living abroad who engage in social media commentary about President Hakainde Hichilema. The President himself is the subject of the disparagement, and the statement reflects a policy decision regarding the use of state resources in response to such criticism.

Attorneys advising Zambian citizens, both domestically and in the diaspora, should note this official stance as it provides some clarity on the government's current enforcement priorities regarding online criticism from abroad. While it does not negate the existence of laws that could potentially be applied, it indicates a practical disinclination to expend resources on tracking such individuals. However, practitioners should still advise caution, as policy statements can change, and the legal framework itself remains in place. Furthermore, individuals should be aware of the laws of their host countries regarding online speech, as these may also apply.