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IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (CIVIL JURISDICTION) IN THE MATTER 2021/HP/0955 OF: AN APPLICATION JUDICIAL REVIEW FOR LEAVE OF: ORDER 53 RULE 3 OF THE SUPREME COURT OF ENGLAND, TO APPLY FOR AND IN THE MATTER RULES OF THE 1999 EDITION BETWEEN: CHAPTER ONE FOUNDATION LIMITED APPLICANT AND ZAMBIA INFORMATION TECHNOLOGY AUTHORITY AND COMMUNICATIONS CONSENT RESPONDENT JUDGMENT Per: LCK Chambers Plot 6941 Suez Road, Cathedral Hill P.O. Box 51378 LUSAKA infodesk@lck.co.zm ADVOCATES FOR THE APPLICANT

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Chapter One Foundation v. Zambian Information and Communications Technology Authority

Case Law

Country

Zambia

Country Location

Latitude: -14.531405690615703

Longitude: 26.540894169033784

Country Location (linked Case Law): Zambia

Decision Date: Mar 21, 2021

Case Status: Closed

Case Outcome (Procedural)

Admissible

Keywords

Internet Shutdown

Judicial Body: First Instance Court

Court Name: High Court for Zambia at Lusaka

Case Number: 2021/HP/0955

Case Summary: On March 21, 2022, the High Court for Zambia at Lusaka issued a consent judgment, confirming that the Zambian Information and Communications Technology Authority (ZICTA) would not “do any act or make any omission outside of their legal regulatory powers and authority which may inhibit or interrupt the flow of and uninhibited access to information on all available telecommunication platforms under their control and/or regulation where the interest of consumers and their consumer and constitutional rights are threatened”. ZICTA also consented to informing the public within 36 hours of any disruptions of the reason for that interruption.

Columbia Global Freedom of Expression notes that some of the information contained in this report was derived from secondary sources.

Case Significance: As president, Edgar Lungu oversaw a significant decline in democracy. He had obtained authority to run for an unlawful third term of office, and was pushing for constitutional amendments which further threatened the integrity of Zambia’s democracy. The 2021 election was therefore a crucial event in Lungu’s attempt to consolidate power. Although the consent order came after the election had been completed and Lungu’s successor, Hakainde Hichilema was in power, it is still a significant protection of democracy in the country. Commentators described this election as a “social media election” and the use of social media in the campaigns demonstrated the importance of a free media in Zambia’s democracy.

The decision establishes a binding or persuasive precedent within its jurisdiction.

Source URL: Global Freedom of Expression

Collection

Columbia

Date Updated: Jul 10, 2024

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CYRILLA: Global Digital Rights Law

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Chapter One Foundation v. Zambian Information and Communications Technology Authority

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