For Immediate release
LAZ OPPOSES THE ENACTMENT OF THE PUBLIC GATHERINGS BILL NO. 71 OF 2026
The Law Association of Zambia (LAZ) notes that, on 12th May 2026, Parliament passed the Public Gatherings Bill No. 71 of 2026 (hereinafter referred to as “the Bill”), which seeks to repeal and replace the Public Order Act, Chapter 113 of the Laws of Zambia.
LAZ has consistently expressed reservations regarding the discriminatory and unfair application of the Public Order Act, which has hindered the enjoyment of democratic and constitutional rights and freedoms.
LAZ wishes to place on record that, during the legislative process, it made a comprehensive submission to the National Assembly highlighting significant constitutional and human rights concerns arising from the proposed legislation. Unfortunately, these concerns were not adequately addressed.
While LAZ acknowledges that the Bill introduces certain progressive provisions compared to its predecessor, it nevertheless retains several structural deficiencies, including the adoption of a quasi-permit regime, the criminalisation of peaceful assembly, excessively broad discretionary powers of restriction, inadequate appeal mechanisms, discriminatory exemptions, and the absence of provisions recognising spontaneous gatherings. Collectively, these shortcomings render the legislation constitutionally deficient.
LAZ is particularly concerned that Sections 6, 8, and 13 of the Bill effectively reintroduce the permit regime that was declared unconstitutional in the landmark case of Christine Mulundika and 7 Others v The People, SCZ Judgment No. 25 of 1995. The Bill therefore undermines Article 11 of the Constitution, which guarantees every person in Zambia the enjoyment of fundamental rights and freedoms. These rights and freedoms are further protected under Articles 20, 21, and 23 of the Constitution.
In light of the foregoing concerns, LAZ respectfully calls upon His Excellency, President Hakainde Hichilema, to withhold assent to the Bill, as several of its provisions are inconsistent with the Constitution. This concern is particularly pertinent as the nation prepares for the General Elections scheduled for August 2026. Further engagement and consultation should be undertaken before the final Bill is presented for presidential assent.
This statement is issued pursuant to LAZ’s mandate under Section 4 of the Law Association of Zambia Act, Chapter 31 of the Laws of Zambia.
Issued this 15th day of May, 2026.
Arnold Kaluba
President
Law Association of Zambia
