By Anthi Polatidou
Human Rights Media Consultant
Nhimbe Trust
Muleta Kapatiso
Photo: Courtesy of Muleta Kapatiso
In December 2022, Zambia’s President Hakainde Hichilema officially signed into law an amended Penal Code that repealed a provision criminalising the defamation of the President. The provision had long been used to suppress freedom of expression. This move was celebrated as a step towards greater democratic freedoms, including artistic freedom, but how did Zambia reach this point? What were the strategies, challenges, and key players that led to the dismantling of this restrictive law?
In this article, we delve into a conversation with Muleta Kapatiso, a lawyer, activist, and development practitioner, who provides an insider's view of the efforts and collaborations that fuelled this significant milestone of legislative reform. From strategic protests to legal battles, Kapatiso reflects on the journey that helped push Zambia closer to a more open and free society for artists and activists alike.
In the heart of Zambia’s evolving landscape of human rights, Muleta Kapatiso stands as a formidable voice for change. A lawyer, frontline activist, and development practitioner, Kapatiso has dedicated his career to the promotion of public interest law, human rights, and artistic freedom. His recent work, which includes consulting for SELAM and the People's Action for Governance and Accountability Zambia (PAAGZ), focused on assessing artistic freedom in Zambia and advocating for increased government support for the arts. This initiative builds on prior efforts aimed at creating an enabling environment for artists to create freely, reflecting a commitment to a more vibrant and free creative community.
Strategies for Repeal: A Unified Front
One of the most significant accomplishments in Kapatiso's efforts, in close collaboration with like-minded activists, has been the successful repeal of Zambia’s notorious law which criminalised “insulting the President.” This achievement was not the result of a single effort; rather, it was a culmination of persistent strategies and collaborative advocacy.
At the core of this movement was a resilient spirit of revolt among public interest lawyers who consistently framed the penalisation of insulting the President as a human rights issue. Despite numerous setbacks, their relentless pursuit of justice emphasised the law's stifling effect on freedom of expression. This momentum was bolstered by a collaborative approach among various stakeholders, including artists, who united to protest against an oppressive regime. The advent of Zambia’s first online protest in 2020 exemplified this strategy, allowing advocates to mobilise public support while avoiding physical crackdowns.
Engaging in formal law reform processes also proved crucial. Artists who had previously remained disengaged began participating in submissions to the National Assembly, amplifying calls for the law’s repeal. Additionally, building alliances with opposition members of parliament created pathways for legislative change. The collective efforts to educate youth movements further propelled awareness of the oppressive legal framework, fostering a sustained demand for reform.
President Hakainde Hichilema
Photo: President’s X (former Twitter) account
Overcoming Legal and Political Hurdles
The road to repeal was fraught with challenges, both legal and political. One significant hurdle was the allegiance of civic leaders to the ruling party, which created risks for those who dared to challenge the status quo. In Zambia, political loyalty can shield individuals from formal accountability, and many activists, including Kapatiso, faced threats, intimidation, and social isolation for their dissenting views. The climate of fear was exacerbated by increased arrests of activists, with the government leveraging legal tactics to suppress opposition.
Moreover, religious narratives equating presidential criticism with disrespect to parents posed additional barriers. Activists recognized the need to engage younger, more liberal religious leaders to counteract these damaging perceptions. Legal obstacles, such as difficulties in accessing legal representation for those arrested outside major cities and unfair jurisdictional tactics, further complicated efforts. However, Kapatiso and his peers responded by mobilising public support and employing litigation strategically to shift public opinion.
The Role of Civil Society and Artists
Civil society organisations played a pivotal role in mobilising public and political support for the repeal. By fostering alliances and presenting a united front, these organisations ensured that the government could no longer exploit divisions among those advocating for legislative reform. Each group, within this coalition, brought unique strengths to the movement, with activists and artists spearheading discussions and keeping the topic of defamation laws alive in public discourse.
Awakening Awareness Among Artists
Before the launch of the civil society organisation People's Action for Governance and Accountability Zambia, many artists were unaware of how criminal defamation laws intersected with their creative practice. While some actively engaged in civil society, others remained oblivious to the potential consequences of their work. The PANAF project was instrumental in bridging this knowledge gap, bringing various arts associations into discussions about the implications of defamation laws on artistic expression.
As awareness grew, artists began to mobilise, utilising online platforms to address political issues, in advocation of freedom of expression. This marked a significant shift in public consciousness regarding the implications of criminal defamation laws to artistic freedom, including the criminalisation of ‘defaming the President.’
The Path Forward: Challenges and Opportunities
The removal of the law making it an offence to defame the President represents a significant milestone in Zambia’s commitment to human rights and artistic expression. However, it is merely the first step in a long journey of repealing a criminal defamation law that still is in force, and other laws through which defamation is criminalised. While the current regime has demonstrated a willingness to embrace some reforms, many laws remain that could curtail artistic freedom. This is something that Kapatiso has stressed repeatedly.
Lessons for the Region
Zambia's experience offers valuable lessons for other countries grappling with repressive laws. Activists and policymakers in the region must remain vigilant against the misuse of defamation laws, both criminal and civil. The emergence of SLAPP (Strategic Lawsuits Against Public Participation) cases highlights the need for a unified approach to combat these tactics of intimidation and harassment.
To replicate the successes seen in Zambia, activists must tailor their strategies to their specific contexts while fostering multi-stakeholder collaboration. Understanding local legal processes and building alliances with sympathetic political actors can facilitate meaningful change. Encouraging public participation and cultivating hope among citizens is vital for inspiring this collective action.
As Kapatiso wisely advises, “organise, organise, organise.” This mantra reflects the importance of reclaiming narrative power and confronting oppressive governments that seek to stifle dissent. The continued mobilisation of artists, activists, and policymakers can work towards a future where artistic freedom and human rights are upheld, paving the way for vibrant and expressive societies.
