An Overview of the Legal Landscape on Gender-Based Violence in Zambia

The 25th November 2025 marked the commencement of the global 16 Days of Activism Against Gender-Based Violence (GBV) campaign, which has since concluded. The campaign serves as a critical reminder of the persistent prevalence of GBV worldwide and, particularly, in Zambia.

According to the Zambia Demographic and Health Survey (2018), approximately 47% of women aged 15–49 have experienced physical violence since the age of 15, while 18% have experienced sexual violence. These figures underscore the urgency of strong legal, institutional, and societal responses.

This article provides a brief overview of Zambia’s legal framework on gender-based violence, with particular focus on the Anti-Gender-Based Violence Act No. 1 of 2011 (the Anti-GBV Act), which remains the cornerstone of GBV protection and response in Zambia.

What Is Gender-Based Violence?

The Anti-GBV Act defines gender-based violence as any physical, mental, social, or economic abuse committed against a person on the basis of gender.

More specifically, the Act describes GBV as actual or threatened physical, mental, social, or economic abuse occurring within a domestic relationship. The definition is further expanded to include conduct that results in, or is likely to result in, physical, sexual, or psychological harm or suffering, including coercion and the unreasonable deprivation of liberty, whether such conduct occurs in public or private life.

This broad statutory definition recognises that GBV extends beyond physical harm and includes non-visible but equally damaging forms of abuse.

Types of Gender-Based Violence

There are several recognised forms of gender-based violence, including the following:

1. 1. Emotional Abuse

Emotional abuse includes the use of degrading or insulting language, humiliating gestures, persistent unreasonable conduct, threats of violence, and verbal intimidation. Such conduct causes emotional distress and psychological harm and is expressly recognised as a form of GBV under the Act.

2. Sexual Abuse

Sexual abuse encompasses offences such as rape, indecent assault, defilement, incest, and sexual harassment. The courts have consistently affirmed that sexual offences constitute GBV.

In The People v Mulenga and Sikaonga, the High Court held that:

“The convicts being male and having perpetrated 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.”

This decision affirms that sexual violence is a core manifestation of GBV.

3. Digital Abuse

With the enactment of the Cyber Crimes Act, 2025, Zambia has strengthened legal protection against technology-facilitated abuse. The publication or transmission of electronic data that is detrimental to a person’s health, emotional wellbeing, self-esteem, or reputation constitutes an offence.

Digital GBV includes cyber-harassment, cyberbullying, hate speech, use of vulgar or insulting language, and the non-consensual sharing of intimate or indecent material on digital platforms.

4. Physical Abuse

Physical abuse includes offences such as assault occasioning actual bodily harm, causing grievous harm, unlawful wounding, and murder.

In Kaputo v The People, the Court of Appeal described the circumstances of the case as:

“a typical example of gender-based violence which has affected our society and country at large.”

This case illustrates how lethal violence against women is firmly situated within the legal understanding of GBV.

Zambia’s Legislative Framework on GBV

The Anti-GBV Act is Zambia’s primary statute for the prevention of GBV, protection of survivors, and coordination of institutional responses.

1. Key Definitions

The Act provides clear definitions to guide enforcement and interpretation:

1.1 Gender

Defined as male or female and the socially constructed roles associated with a person’s sex or status.

1.2 Domestic Relationship

The Act adopts a broad interpretation, covering relationships between persons who:

• are or were married under statutory, customary, or religious law;
• cohabit or previously cohabited;
• are parents of a child; or
• share or shared a close personal relationship.

Courts retain discretion to determine whether a domestic relationship exists based on the facts of each case.

1.3 Economic Abuse

Economic abuse includes depriving a person of financial resources to which they are legally entitled or have a reasonable expectation to use. This extends to preventing a person from seeking employment or engaging in income-generating activities.

2. Application of Other Laws

It is important to clarify that gender-based violence is not a standalone criminal offence. Rather, GBV cases are prosecuted under existing offences contained in the Penal Code, with procedures governed by the Criminal Procedure Code and other applicable laws.

The Anti-GBV Act primarily regulates procedure, protection, and victim support. Where there is any inconsistency between the Act and other laws (subject to the Constitution), the provisions of the Anti-GBV Act prevail.

3. 3. Complaints and Police Procedures

Complaints of GBV may be made by victims or third parties at any police station. Police officers and other authorised persons—including medical practitioners, social welfare officers, and traditional leaders—are required to inform victims of their rights and available support services.

The police are mandated to:

• respond promptly to GBV reports;
• interview relevant parties;
• facilitate medical treatment;
• assist victims in retrieving personal property under escort; and
• secure and preserve evidence.

Where circumstances require immediate intervention, police officers may effect warrantless arrests.

4. Protection Orders

Victims may apply for interim or final protection orders to prevent continued or future abuse. Courts may issue orders prohibiting:

• harassment, intimidation, or stalking;
• physical or sexual abuse;
• destruction of property; or
• communication with the victim.

Courts may also impose additional conditions, including mandatory counselling, surrender of weapons, payment of maintenance, or child protection measures. Protection orders may be issued for up to 12 months, with provision for variation or extension.

5. General Provisions

The Act restricts the publication of GBV proceedings to protect the privacy and dignity of victims. Non-aggravated GBV cases may be resolved through alternative dispute resolution mechanisms such as counselling or probation supervision, while aggravated cases cannot be settled out of court.

Conclusion

The Anti-GBV Act provides a comprehensive legal framework for the prevention of gender-based violence and the protection of survivors. However, GBV remains one of Zambia’s most pressing social and legal challenges, driven in part by limited public awareness, stigma, and under-reporting.

Ending gender-based violence requires legal enforcement, institutional accountability, community engagement, and the courage of survivors to seek justice. The law is an essential tool—but meaningful change demands collective action.

Call to Action

Gender-based violence is not only a social issue—it is a legal one that demands timely and informed intervention. Survivors, families, employers, and institutions all have a role to play in prevention, reporting, and accountability.

If you or someone you know is experiencing gender-based violence, it is important to seek assistance early, understand your legal rights, and access the protection mechanisms available under the law. Legal remedies such as protection orders, criminal complaints, and institutional referrals can provide immediate and long-term relief.

 

Organisations and employers are also encouraged to strengthen internal policies, reporting mechanisms, and response frameworks to ensure safe environments for employees and stakeholders.

For guidance on legal options, compliance obligations, or institutional response to gender-based violence, consult a qualified legal practitioner or relevant authorities.

Disclaimer

This article is provided for general informational and awareness purposes only and does not constitute legal advice. The information herein is not intended to create, and should not be construed as creating, an attorney-client relationship. Laws and their interpretation may change over time, and the application of legal principles will depend on the specific facts and circumstances of each case.

Readers are advised to seek independent legal advice or contact the appropriate authorities for guidance tailored to their particular situation.