LCK FOUNDATION HAILS HH’S DECISION TO RETURN PUBLIC GATHERINGS BILL
The LCK Freedom Foundation has welcomed LCK FOUNDATION HAILS HH’S DECISION TO RETURN PUBLIC GATHERINGS BILL consideration, describing the move as a significant victory for constitutional democracy and the protection of fundamental freedoms.
In a statement issued by Executive Director Linda Kasonde, the Foundation said the President’s action, taken under Article 66(1)(b) of the Constitution, demonstrates a commitment to ensuring that legislation governing public order aligns with the rights and freedoms guaranteed under Zambia’s Constitution.
The organisation noted that civil society organisations, legal practitioners and members of the public had expressed concerns that some provisions of the Bill risked replicating challenges associated with the current Public Order Act.
Among the concerns raised were the broad powers granted to authorised officers to restrict public gatherings and what critics viewed as excessive criminal liability for organisers of public events.
According to the Foundation, these concerns are supported by established constitutional principles and judicial precedent.
It cited the 2014 High Court case of Law Association of Zambia v The Attorney-General, which affirmed that restrictions on the right to peaceful assembly must be necessary, proportionate and consistent with democratic values.
The Foundation said it welcomed President Hichilema’s view that legal reforms should strengthen democracy and expand freedoms for citizens.
It urged Parliament to ensure that any revised version of the Bill fully protects the constitutional right to peaceful assembly.
Among its recommendations, the Foundation called for a notification-based system for public gatherings, limitations on the discretionary powers of authorised officers through objective criteria, proportionate penalties, and accessible mechanisms for appeal and judicial review.
The organisation also expressed concern over inadequate public participation in the legislative process, stressing that meaningful consultation is essential to democratic governance.
It urged Government and Parliament to make genuine public engagement a permanent feature of law-making as Zambia approaches the 2026 General Elections.
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