Civic space faces constraints ahead of 2026 elections

Introduction

As Zambia prepares for its General Elections scheduled for 13th August 2026, concerns have grown among CSOs, opposition parties, and human rights advocates that recent legislative and administrative measures have contributed to closing civic space and limited opportunities for political dissent and public participation. The increasing use of cybercrime legislation against opposition politicians, journalists, and government critics has also raised concerns about shrinking civic space, particularly ahead of the elections.

The last-minute cancellation of the global RightsCon conference in April 2026 due to additional disclosure requirements by authorities raised concerns around the rights to peaceful assembly, expression, as well as transnational repression.

CSOs raise concern over Constitutional Amendment Bill

On 16th December 2025, the National Assembly passed the Constitution of Zambia (Amendment) Bill No. 7 of 2025, marking one of the most significant constitutional reforms in recent years. The government presented the Bill as a measure to strengthen democratic representation and improve inclusivity by increasing the number of constituency-based parliamentary seats from 156 to 211 following electoral boundary limitation and introducing a mixed-member proportional representation system aimed at improving the representation of women, youth and persons with disabilities in elected office.

Despite these stated objectives, opposition parties, CSOs and governance experts expressed concern about both the substance of the amendments and the process through which they were adopted. They argued that the reforms were introduced without sufficient public consultation and that the accelerated legislative process limited opportunities for meaningful debate. Concerns were also raised that some provisions, including changes to parliamentary representation and electoral arrangements, could alter the political landscape ahead of the 2026 general elections and potentially benefit the ruling party.

Peaceful Assembly

Proposed protest law raises concerns

On 12th May 2026, the parliament passed the Public Gatherings Bill No. 71 of 2026 which seeks to repeal and replace the colonial-era Public Order Act of 1955, a law long criticised for being used to restrict political rallies, demonstrations, and public assemblies. The Bill awaits presidential assent before becoming law. According to the government, the legislation aims to modernise the legal framework governing public meetings, protests, demonstrations, and political gatherings while protecting constitutional rights to freedom of assembly, association, and expression. It replaces the previous permit-based system with a notification regime and introduces accountability measures for police officers accused of abusing their authority.

Despite these reforms, the Bill has raised significant concern among CSOs, lawyers, and human rights advocates. The Law Association of Zambia (LAZ) opposed the enactment of the Bill and urged President Hakainde Hichilema to withhold assent. LAZ argued that although the Bill contains some progressive reforms, it retains several problematic features, including what it describes as a quasi-permit system, broad discretionary powers for law enforcement, criminal sanctions relating to assemblies, inadequate appeal mechanisms, and discriminatory exemptions for certain public officials. LAZ also warned that the Bill may be inconsistent with constitutional protections for freedom of expression, association, and assembly.

In June 2026, President Hakainde Hichilema declined to assent to the Bill and returned it to parliament for reconsideration, citing inconsistencies with judicial precedents.

Authorities thwart global RightsCon Conference

Concerns over the rights to peaceful assembly, form public gatherings and expression were heightened by the government's decision on 29th April 2026 to postpone, and effectively cancel, RightsCon 2026, the world's largest digital rights conference, which had been scheduled to take place in Lusaka from 5–8 May 2026. The conference was expected to bring together thousands of participants from more than 150 countries, including civil society representatives, policymakers, academics, journalists, and technology experts. Authorities cited the need for additional disclosure on discussion themes and pending administrative and security clearances for some speakers. However, critics viewed these reasons as unconvincing and argued that the decision was intended to limit discussion of human rights issues. The cancellation was widely seen as a setback for civic dialogue and international engagement, disrupting planned activities by local and international civil society actors.

The cancellation also raised pertinent questions around extra-territorial and transnational repression of civic space by states, after organisers of the event disclosed that they believed that “foreign interference” was behind the last-minute postponement. This came after officials from Zambia’s Ministry of Technology and Science communicated that they were under pressure from Chinese diplomats over the participation of Taiwanese civil society at the conference, among other issues.

Opposition MP and supporters detained under Public Order Act

On 29th October 2025, Jean Chisenga, a Patriotic Front (PF) Member of Parliament for Mambilima Constituency, was arrested together with 11 other individuals in Chibombo District, Central Province. According to the Zambia Police Service, the

group was found gathered at a private residence while allegedly waiting to be addressed by PF presidential aspirant Brian Mundubile. Police charged them with conduct likely to cause a breach of the peace, arguing that the gathering constituted an unlawful political assembly that had not been properly notified to authorities under the Public Order Act. The case raised questions about the application of public order regulations and their impact on freedom of assembly and political organising. Police, however, maintained that all political actors must comply with legal requirements governing public meetings and assemblies.

Tonse Alliance Opposition Members arrested over gathering

On 21st February 2026, police arrested 16 members affiliated with the Tonse Alliance after finding them meeting at Emerald Guest House in Kalulushi, Copperbelt Province. Police stated that the group had convened without notifying authorities as required under the Public Order Act and charged them with unlawful assembly. According to the police, the gathering was an unauthorised political meeting. However, some of those arrested reportedly said it was a private planning meeting, while others indicated that the meeting was related to preparations for International Women's Day activities.

Expression

Opposition leader arrested under Cyber Crimes Act following remarks

On 2nd March 2026, Fred M'membe, leader of Zambia's Socialist Party, was arrested by the Zambia Police Service in Lusaka over comments he made about President Hakainde Hichilema during a programme on Kwithu FM radio, which was simultaneously streamed on a Facebook page titled “Dr. M'membe.” The comments related to the delayed burial of former President Edgar Chagwa Lungu, whose remains reportedly remained in South Africa amid disputes over burial arrangements. In the remarks that triggered the case, M'membe described the situation surrounding the late president's remains as unacceptable and suggested that actions by the state had contributed to the delay.

According to the Zambia Police Service, the statements violated provisions of the Cyber Crimes Act that criminalise the use of digital communication to harass or humiliate individuals. He was subsequently charged with harassment and humiliation under Section 22(2)(a) and (b) of the Cyber Crimes Act No. 4 of 2025. Police alleged that the comments, disseminated through both radio and online platforms, were intended to humiliate President Hakainde Hichilema, who is also Commander-in-Chief of the Defence Force.

Following his arrest, M'membe was detained at Chilenje Police Station and later released on police bond on 4th March 2026 pending further court proceedings. Reports indicate that he spent approximately two days in detention before securing his release.

NDC Secretary General arrested over alleged manipulated image of President

On 25th February 2026 Mambwe Zimba, Secretary General of Zambia's opposition group, National Democratic Congress (NDC), was arrested by the Zambia Police Service in Lusaka over a Facebook post that allegedly depicted President Hakainde Hichilema lying in a coffin. Authorities alleged that the image was digitally manipulated and was published on a Facebook page called "Zambia for All 2026," of which Zimba was reportedly one of the administrators.

The Zambia Cyber Security Agency reportedly opened an investigation after receiving a complaint that the image was false, misleading, and capable of causing public alarm. During the investigation, police seized a mobile phone believed to have been used in connection with the post and arrested Zimba.

Zimba was charged under the Cyber Crimes Act No. 4 of 2025 with Transmission of Deceptive Electronic Communication, contrary to Section 19(1)(a). Police alleged that, in his capacity as a page administrator, he had transmitted misleading electronic content intended to deceive members of the public.

On 5th March 2026, Zimba appeared before the Lusaka Magistrates' Court, where he denied the charge. The court subsequently granted him bail of K600,000 (USD 33,023) in his own recognisance pending further proceedings. Zimba maintained that he was not responsible for posting the image, despite allegations that he was connected to the Facebook page in question.

Opposition MP detained for alleged dissemination of false electoral information

On 20th January 2026, the Zambia Police Service arrested Miles Sampa, a Member of Parliament for Matero and a senior figure in Zambia's opposition politics, following a complaint by the Electoral Commission of Zambia (ECZ). The complaint stemmed from statements and social media posts in which Sampa alleged that the ECZ had established a "fake polling station" along Ring Road in Lusaka during the Chawama parliamentary by-election. Police maintained that the allegation was false and constituted a criminal offence under the Cyber Crimes Act No. 4 of 2025.

Sampa was charged with Transmission of Unsolicited or Deceptive Communication under Section 19(1)(d) of the Cyber Crimes Act. Prosecutors alleged that he knowingly disseminated false information through electronic communication platforms.

Following his arrest, Sampa spent two nights in police custody before appearing before the Lusaka Magistrates' Court. On 22nd January 2026, he pleaded not guilty to the charge. The court granted him bail of K1 million (USD 55,038) on his own recognisance, subject to providing two working sureties. His trial was subsequently scheduled for later proceedings.