Amnesty International seeks to join constitutional challenge against Zambia’s new cyber laws

Amnesty International has applied to join a constitutional challenge against Zambia’s new cyber laws, seeking permission from the Lusaka High Court to be admitted as a friend of the court to provide expert guidance on human rights standards in the digital age.

In its application, the global human rights organisation is asking to be admitted as amicus curiae in a matter in which the Law Association of Zambia (LAZ) is challenging the constitutionality of the Cyber Security Act, 2025, and the Cyber Crimes Act, 2025.

LAZ petitioned the High Court against the Attorney General, arguing that several provisions of the two Acts were unconstitutional and should be struck out.

The association contends that the impugned sections infringe fundamental rights guaranteed under the Constitution.

In an affidavit in support of the notice of motion, Amnesty International Deputy Regional Director for East and Southern Africa, Vongai Chikwanda, said the organisation’s intervention was grounded in its mandate and long-standing expertise in human rights law.

Chikwanda, a Zimbabwean national based in Johannesburg, told the court that Amnesty International was a global human rights movement with more than 10 million supporters worldwide and a well-established record of submitting expert amicus curiae interventions before domestic, regional and international courts.

She stated that the LAZ petition raised “serious and important constitutional questions” touching on fundamental rights, including the right to privacy, freedom of expression, freedom of association, access to information and the right to an effective remedy.

“These issues squarely fall within Amnesty International’s mandate and expertise,” she said.

Chikwanda emphasised that Amnesty International did not seek to support either party to the dispute or to introduce new evidence before the court.

Instead, she said, the organisation intended to assist the court through expert submissions on applicable international human rights law, comparative jurisprudence and established standards governing permissible limitations on rights, particularly in the context of digital technologies and state surveillance.

She noted that Amnesty International had previously participated as an amicus curiae or interested party in numerous proceedings across Africa and in international forums, especially in cases where state measures affecting civil and political rights were under scrutiny.

Chikwanda argued that the petition before the High Court raised issues of national importance, as it concerned the balance between the exercise of state power and the protection of constitutional rights in the digital sphere.

According to the affidavit, Amnesty International has extensive expertise in analysing cyber law frameworks in other jurisdictions, including assessments of laws on false information, surveillance and digital repression.

“The participation of Amnesty International will assist this honourable court in fulfilling its constitutional mandate to promote accountability, protect human rights and develop the law,” Chikwanda stated.

WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.