On 15 September, a magistrate’s court in Zambia sentenced two men to two years in prison with hard labour for attempting to use witchcraft to kill President Hakainde Hichilema. The high-profile case has raised fair trial concerns. The men, who are traditional healers, were convicted of ‘professing’ witchcraft and possessing charms under the colonial-era Witchcraft Act, having been found with various ‘ritual objects,’ including a live chameleon and white powder. The prosecution alleged the men had confessed to receiving money from the brother of a former opposition MP to curse the president. Witchcraft prosecutions are rare in Zambia’s formal courts, which have struggled to apply objective evidentiary standards (cases are generally heard in traditional courts). In this case, an expert commentator warned of a lack of forensically testable evidence connecting the accused to any demonstratable harm and that it likely breached their right to a fair trial and set a troubling precedent. 

Sources: Zambia Monitor, British Broadcasting Corporation, The Continent, Associated Press News, International Network Against Witchcraft Accusations and Ritual Attacks 

On 8 April, President Hakainde Hichilema signed into law the Cyber Security Act and the Cyber Crimes Act, replacing previous 2021 cyber legislation. The newly enacted laws mandate Information and Communication Technology (ICT) companies to intercept and monitor electronic communications, including phone calls, emails, and text messages, to detect and report ‘critical information’ to authorities. Although the government stated that interceptions will require a court warrant, civil society groups argue the legislation lacks sufficient safeguards and poses risks to privacy and freedom of expression. Another aspect of the laws is the criminalization of ‘misleading’ digital headlines, which could undermine press freedom. The Law Association of Zambia (LAZ) announced plans to challenge the laws in the High Court.

Sources: National Assembly of Zambia (1), National Assembly of Zambia (2), Zambia Monitor (1), Zambia Monitor (2), Committee to Protect Journalists, British Broadcasting Corporation, Lusaka Times

On 18 February, a tailings dam collapsed at a Chinese-owned copper mine in Northern Zambia, releasing more than 50 million litres of toxic waste into the ecosystem of the Kafue River, causing widespread environmental damage. The Kafue River basin is home to approximately 12 million Zambians, who are dependent on the river for fishing, irrigation and industry. The spillage was reported to have shut off the supply of water to half a million people, as well as contaminating crops and poisoning fish and livestock. A preliminary investigation into the disaster by Zambian engineers pointed to potential negligence on the part of mine owners, Sino Metals Leach Zambia, but also highlighted regulatory weaknesses.

Sources: Mining News Zambia, Daily Maverick, Politico, Zambia Monitor 

President Hakainde Hichilema suspended three members of the country’s Constitutional Court on the recommendation of the Judicial Complaints Commission (JCC) in a decision that was announced on 23 September. The involvement of the suspended judges in controversial rulings that sustained the presidency of Hichilema’s predecessor, Edgar Lungu, have raised concerns about improper political influence on the judiciary. In 2016, the judges had dismissed a petition from Hichilema challenging Lungu’s election victory and in 2021 had been part of a decision that allowed the latter to stand for a third presidential term, despite a two-term constitutional limit. In September, they were due to decide on Lungu’s eligibility to contest the 2026 election, in which he is expected to be Hichilema’s main challenger. The Law Association of Zambia raised concerns that the complaint that triggered the JCC’s investigation and recommendation mirrored similar complaints against the judges that the Commission had previously dismissed.

Update: On 20 October 2024, President Hichilema, acting on the recommendation of the Judicial Complaints Commission (JCC) removed the suspended Constitutional Court Judges from office.        

Sources: Cabinet Office (1), British Broadcasting Corporation, The Africa Report, Lusaka Times, Cabinet Office (2)