FIXING THE PUBLIC ORDER ACT: SOME EXPECTATIONS.
By Charles Kakoma, Senior Citizen.
To be free is the greatest human right one can enjoy. One must be free from oppression and enjoy his or her freedoms of movement, assembly, association and expression. One must also be free from poverty, hunger, disease and ignorance.
The political freedoms are currently enshrined in our Zambian Constitution. Never again should Zambians go back to colonial days to start fighting for basic fundamental rights and freedoms of assembly, association, movement and expression. Let us enjoy the rights and freedoms that our forefathers and foremothers fought for prior to independence in 1964.
However, in trying to enjoy these rights and freedoms, there is still a colonial piece of legislation called the Public Order Act which is hindering the full enjoyment of fundamental rights and freedoms of the people of Zambia. It is good that the New Dawn Government of the United Party for National Development agreed to repeal and replace the archaic Public Order Act.
The proposed new Public Order Act should reflect and provide for the elimination of areas or issues that bring conflict and work against the realisation of public order.
1. Political party branches in markets, bus stops and other public amenities such as hospitals should be prohibited in order to de-politisize these places.
2. Political party flags at public places such as bus stops and markets should be prohibited.
3. The wearing of political party regalia such as t-shirts, caps, chitenge and other clothing in public should be allowed under the Act. But the wearing of masks and clothing that resemble military uniform should be prohibited. Anybody who victimises someone wearing party regalia should be punished under the law.
His Excellency President Hakainde Hichilema should be commended for banning caderism in markets and bus stops. People are now free to trade and wear party regalia in public. But this remains an administrative measure which is not bucked by law. Another leader might emerge in future who may allow caderism again. There is need for legislation against caderism.
4. The use of vehicles without number plates in an election process should be prohibited. Similarly, the use of many vehicles with the same number plate should be prohibited.
5. Wherever a dispute arises over the use of a venue, time, road or airspace, regard should be
given to the principle of ” first come, first served “.
6. Aircraft flying permits should not be denied during elections to disadvantage a competitor from campaigning.
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7. A meeting of a competitor shall not be denied on the basis that there is another meeting of another party in the same town or province provided that there is no clash on the venue.
8. In policing a public event, a police officer shall not wear masks or hide his/her identity or face.
9. The use of heavy weaponry and live ammunition against defenceless and peaceful civilians should be prohibited to avoid extra-judicial killings.
10. The use of teargas to disperse civilians in rooms or enclosures should be prohibited to avoid suffocating people to death.
11. Indoor meetings such as press conferences, workshops, seminars, in-house institutional gatherings and board meetings should be exempted from the provisions of the Public Order Act. I recall some incidences where press conferences by the UPND at Chainama Hotel were disrupted by the police during the PF regime because there was no “permit”.
Similarly, the Act should exempt Members of Parliament , Mayors, Council chairpersons, Councillors and other Constitutionally elected officials from being required to notify the police during the discharge of their duties.
12. A person or group of persons shall not plan or disrupt the assemly, procession, peaceful demonstration or meetings of another party or grouping.
13. The Act should be amended to delete the requirement for a police permit and replace it with notification to the police in writing. This is in conformity with the Supreme Court ruling in the Christine Mulundika case.
14. A police officer shall not deny or stop any procession, assembly or public meeting for which a notice was properly given by the converners.
15. Where a seven days notice has been given by the converners, police should respond to the notice at least five days before the event. If no response is received by the organisers two days after receipt of notification, the notification should be deemed to have “no objection “. Where police have an objection, they should provide an alternative date,time snd place within 10 working days or any other later date, time and venue agreed with the organisers.
In the past, police would wait ,after giving them notification , until a day before the event to object to the notice. This created problems because the organisers had already spent time and resources organising the event. Even if a go ahead is given in the eleventh hour, it becomes difficult to adequately organise the event, resulting in failure in the event taking place. This strategy was used by the police to make the opposition fail to hold rallies.
16. After the police have given a “no objection ” response, they should have no further power and authority to stop the event from taking place. This is actually in conformity with the ruling of the Supreme Court in the matter of the Resident Doctors Association.
17. A police officer or any public officer who acts professionally to apply the Act in an unbiased manner and without fear or favour shall not be victimised, demoted or dismissed as a result of his or her decision or action. Similarly, an officer who fails to act in accordance with the provisions of the Act should be deemed to have committed an offence and liable to punishment.
In conclusion, I wish to state that we should make laws that will cure problems in society rather than protect the interests of an individual or group of individuals who may be occupying public office at present. The country is lucky at present to have President Hakainde Hichilema who is committed to respecting human rights and freedoms. In future, Zambia may have a rogue who will not respect human rights and freedoms. It is therefore incumbent upon us to make laws that will stand the test of time and develop institutions that will protect and defend people’s rights and freedoms of assembly, association, movement and expression.