LAZ URGES PRESIDENT HICHILEMA TO REJECT PUBLIC GATHERINGS BILL
The Law Association of Zambia (LAZ) has called on President Hakainde Hichilema not to assent to the Public Gatherings Bill No. 71 of 2026, arguing that several provisions in the proposed law are unconstitutional and threaten fundamental rights and freedoms.
Parliament on Monday passed the Bill, which seeks to repeal and replace the Public Order Act, Chapter 113 of the Laws of Zambia.
However, LAZ president Arnold Kaluba said although the Bill contained some progressive provisions, it still retained serious structural defects that could negatively affect citizens’ freedoms, particularly ahead of the 2026 general elections.
In a statement, Kaluba said LAZ had consistently raised concerns over the discriminatory and unfair application of the Public Order Act and had expected the new legislation to fully comply with constitutional standards.
He explained that the association had made detailed submissions to the National Assembly during the legislative process, highlighting constitutional and human rights concerns, but those concerns were not sufficiently addressed.
Kaluba said while the Bill introduced some progressive measures compared to the existing law, it still maintained several problematic provisions, including a quasi-permit regime, the criminalisation of peaceful assembly, excessively broad discretionary powers of restriction, inadequate appeal mechanisms, discriminatory exemptions, and the failure to recognise spontaneous gatherings.
He warned that the shortcomings made the proposed legislation constitutionally deficient.
Kaluba further argued that Sections 6, 8 and 13 of the Bill effectively reintroduced a permit regime that had already been declared unconstitutional by the Supreme Court in the landmark 1995 case of Christine Mulundika and 7 Others v The People.
According to Kaluba, those rights 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,” Kaluba said.
He added that the matter was especially important as the country prepared for the August 2026 general elections, stressing that further engagement and consultations should be undertaken before the Bill is presented for presidential assent.
