By: Kondwani Banda
INTRODUCTION
The 25th of
November 2025 marked the beginning of the annual global campaign of 16
Days of Activism against Gender Based Violence. According to the Zambia
Demographic and Health Survey (2018), approximately 47% of Zambian women
aged 15-49 have experienced physical violence since the age of 15, with 18%
experiencing sexual violence.
This article provides a brief
overview of the legal landscape with regards to Gender based violence in Zambia,
highlighting key provisions under the Anti-Gender Based Violence Act, 2010
(Anti-GBV Act).
WHAT IS GENDER BASED
VIOLENCE?
The Anti-Gender
Based Violence Act, 2010 defines gender-based violence (GBV) as any physical,
mental, social or economic abuse against a person based on
their gender. The Act offers a further definition of gender-based violence,
defining it as: actual or threatened physical, mental, social or economic abuse
that occurs in a domestic relationship.
The Act extends this
definition to violence or threats that result in or are likely to result in
physical, psychological or sexual harm or suffering to a person. This
definition encompasses conduct such as coercion or unreasonably depriving a
person of their liberty, whether it occurs in private or public life.
TYPES OF GENDER-BASED
VIOLENCE
The
following are a few highlighted types of GBV:
1. EMOTIONAL
ABUSE: This type of GBV involves the
use of degrading or insulting language and gestures, unreasonable
conduct of one partner towards another and making threats of violence or
humiliating comments. These examples amount to emotional abuse as they cause
emotional distress.
2. SEXUAL
ABUSE: Sexual abuse covers offences
such as rape, indecent assault, defilement, incest and sexual harassment. In
the High Court case of The People v Mulenga and Sikaonga, where,
amongst other convictions, the accused were convicted of rape. The learned judge
stated:
“The convicts
being male and having perpetuated violent sexual assault of female victims
after unlawfully confining them, brings the
whole series of offences committed by the convicts into the realm of Gender
Based Violence (GBV)”.
3.
DIGITAL ABUSE: In line with the recently enacted Cyber
Crimes Act, 2025, publishing or transmitting electronic data that is
detrimental to a person’s health, emotional wellbeing, self-esteem or
reputation is an offence. Examples of such offences committed on digital
platforms include: harassment, cyberbullying, use of vulgar language &
insults, hate speech and sharing of indecent material.
4.
PHYSICAL ABUSE: This type of GBV involves offences such
as assault occasioning bodily harm, causing grievous harm, unlawful wounding
and murder. This is illustrated in the Court of Appeal case of Kaputo v
The People, where the accused was convicted of murdering a woman.
The court stated that:
“The circumstances
from which this appeal arises are in truth a typical
example of gender-based
violence which has affected our society and
country at large”.
ZAMBIA’S LEGISLATIVE
FRAMEWORK
The Anti-GBV Act is Zambia’s
primary piece of legislation aimed at protecting victims, responding to, and
eliminating GBV.
1.
KEY DEFINITIONS
The Anti-GBV Act provides definitions of
key terms pertaining to gender-based violence. The following are key
definitions provided by the Act:
1.1. Gender: Male or female and the role
a person plays in society as a result of their sex or status.
1.2. Domestic
relationship:
The
Act adopts a broad interpretation, including relationships between people who:
o
Are or were married under statutory, customary, or
religious law,
o
Cohabit or previously cohabited,
o
Are parents of a child,
o
Or otherwise share a close personal connection.
The court
retains discretion to determine whether a domestic relationship exists.
1.3. Economic
abuse:
Depriving a person from economic resources they are entitled to by law or have
reasonable expectation to use. This definition extends to denying a person the
right to seek employment or engage in income generating activity.
2.
APPLICATION OF OTHER LAWS
It is important to note that GBV
does not exist as an offence. GBV matters are simply handled differently in
terms of procedure in accordance with the Penal Code, Criminal Procedure Code,
and other applicable laws. However, in cases of conflict with other laws,
subject to the constitution, the provisions of the Anti GBV act prevail.
3. COMPLAINTS AND POLICE PROCEDURES
Victims or third parties may
file complaints with the police at any convenient location. Authorities,
including police, social workers, medical professionals, and traditional
leaders, must inform victims of their rights and available support services.
Police are mandated to respond promptly, interview relevant parties, assist
victims with medical care, offer safe escort to retrieve property, and protect
evidence. A warrantless arrest may be made where GBV is suspected and immediate
action is required.
4. PROTECTION
ORDERS
Victims may apply for interim
or final protection orders to prevent ongoing or future violence. Courts may
issue orders prohibiting harassment, assault, stalking, intimidation, forced
sexual activity, destruction of property, or communication with the victim.
Additional conditions may require perpetrators to undergo counselling,
surrender weapons, pay maintenance, or uphold child protection measures.
Protection orders may last up to 12 months, with possibility of extension or
modification.
5. GENERAL
PROVISIONS
The Act restricts publication
of GBV proceedings to protect victims’ identities. Non-aggravated GBV cases may
be settled out of court through alternative dispute resolution, counselling, or
probation monitoring. Aggravated cases cannot be settled out of court.
CONCLUSION
The Anti-Gender-Based
Violence Act, 2010 provides comprehensive legal protection and support for
GBV. However, gender-based violence remains one of Zambia’s most urgent social
and legal challenges due to factors such as low public awareness. Ending GBV
requires courage from victims, accountability from institutions, and active
support from communities.
BIBLIOGRAPHY
CASES REFERRED TO;
Kaputo v The People ZMCA (2020)
The People v Mulenga and Sikaonga HC (2023)
STATUTES REFERRED TO;
The Anti Gender Based Violence Act
The Cyber Crimes Act
The Penal Code
Kondwani Banda is a second year law student at the University of Zambia and serves as researcher on the UNZALAW Editorial board.