DR SAMPA, OTHERS & THEIR BRIEF ARREST, DETENTION HAD NO LEGAL BASIS AND CONSEQUENT RELEASE BY POLICE IS COMMENDABLE
By McDonald Chipenzi
Listening to Dr Brian Sampa explaining his engagement with police before today’s ordeal, it is clear his and others street and detention was not necessary.
According to his explanation, it is clear that he and others followed the law to latter but police were at fault for not responding to his written notification and ensuing follows.
Police should learn to be categorical than playing hide and seek when presented with notifications.
Police just needs to engage and agree with the conveners than running away from them after they have lodged in a notification.
Actually police should be able to call the conveners to inform them of police decision on the notification than waiting to be visited through follow-ups.
Public Order Act of 1955 as Amended by Act No. 1 of 1996 in Section 5(4) places mandate on any person who intends to assemble or convene a public meeting, procession or demonstration to give police at least 7 days notice of that person’s intention to assemble or convene such a meeting, procession or demonstration.
The above mandated was re-achoed again in the Public Order (Amendment) Act No. 36 which is the current section, that EVERY PERSON WHO INTENDS TO ASSEMBLE OR CONVENE A PUBLIC MEETING, PROCESSION OR DEMONSTRATION shall give police, at least, 7 days notice of that person’s intention to assemble or convene a meeting, procession or demonstration.
Public Order (Amendment) Act 36 of 1996 subsection 6 stresses that “where it is not possible for police to adequately police any particular public meeting, procession or demonstration, the regulating officer of the area” shall, at least five (5) days before the date of the meeting, procession or demonstration, inform the conveners of the public meeting, procession or demonstration in writing the reasons for the inability of the police to police the public meeting, procession or demonstration and shall propose an alternative date and time for the holding of such public meeting, procession or demonstration.
Subsection 7 states “where the police notify the conveners of a public meeting, procession or demonstration that it is not possible for the police to adequately police any proposed public meeting, procession or demonstration, such public meeting, procession or demonstration Shall not be held.”
Subsection 7 is where deficit is because it does not say what happens where the police have not said anything. Does it mean okaying the meeting or Not?
Subsection 8 provides for the aggrieved conveners whose meeting has been denied and reasons for such denial not satisfied to immediately appeal to the Minister who shall decide and inform the conveners in writing of his/her decision on the matter within a period of five (5) days.
Subsection 9 expected conveners not satisfied with the Minister’s decision to Appeal to the High Court with 30 days of the making of the decision.
It is however gratifying that police quickly realised its mistakes and released Dr Sampa & friends.
We must all unite in ensuring the public order Act under review now aiming facilitating the enjoyment of citizens’ right comes to fruition.
I submit