The Attorney General has opposed a petition filed by Christian Democratic Party president Apostle Daniel Pule, arguing that civil proceedings cannot be used to halt ongoing criminal cases.
Pule is seeking a declaration that Zambia’s sedition laws are unconstitutional, citing concerns over free speech and political suppression.
In an affidavit filed in opposition to Pule’s petition, Senior State Advocate Patience Kalisilira stated that the opposition leader is currently facing sedition charges before the Lusaka Magistrates’ Court.
She argued that his petition does not present a strong legal basis for staying criminal proceedings.
Kalisilira maintained that the criminal justice system has established procedures, and the ongoing case should proceed without interference.
She added that no prejudice would be suffered by Pule if the matter continued in the subordinate court.
Pule’s petition challenges Sections 57(1)(b) and 60(1)(f) of the Penal Code, Cap 87, which he argues violate the Bill of Rights.
According to him, these provisions restrict free speech and have been used to target opposition figures.
He contended that his legal troubles stem from remarks he made at a press briefing on May 18, where he addressed issues related to tribalism and government appointments.
He claimed that his statements were part of his role in providing checks and balances on governance.
Following his press conference, Pule was detained for eight days before being granted bail when trial proceedings commenced.
He described his detention as an “extra-judicial punishment” and stated that he should have been presented before a court within 48 hours, as required by law.
He claimed that these laws have colonial origins and contradict modern democratic principles.
He stated that the sedition laws are vague and lack clear evidential requirements for incitement, leading to arbitrary enforcement.
