Lusaka Lawyer Celestin tasks LAZ to challenge the Constitutionality of Inspector General Police’s statement on banning Opposition Party Rally Statement

Lusaka Lawyer Celestin tasks LAZ to challenge the Constitutionality of Inspector General Police’s statement on banning Opposition Party Rally Statement.

Celestin Mambula Mukandila
Membership No: 2196/2023

4th January, 2024

The President
Law Association of Zambia
LAZ House No. 1
Lagos Road, Rhodespark
P.O. Box 35271
Lusaka-Zambia

Kind Attention: Mr. Lungisani Zulu

Dear Sir,

RE: AFFIRMATIVE ACTION ON THE CONSTITUTIONALITY OF THE STATEMENT BY THE INSPECTOR GENERAL OF POLICE AS REPORTED IN THE DAILY NATIONS TABLOID DATED 3RD OF JANUARY, 2024

Reference is made to the above caption and to the Statement made by the Inspector General of Police which was published in the Daily Nations tabloid dated 3rd January, 2024 on holding of public rallies by Opposition Political Parties.

That the aforementioned statement by the Inspector General of restraining Opposition Political Parties from holding public rallies goes against the enshrined constitutional tenets of a democratic state such as ours, and must be challenged immediately, and the failure to do so will erode the fundamental human rights guaranteed by the Constitution.

Mr. President you will note that in line the objects for which the Association is established as provided for in Section 4 (l) of the Law Association of Zambia Act Chapter 31 of the Laws of Zambia, the Association is mandated to seek the advancement of the rule of law and of the rights and liberties of the individual.

Further, Article 20(1) as read together with Article 21(1) of the Constitution of Zambia Chapter 1 of the Laws of Zambia guarantees the protection of the freedom of expression and the protection of freedom of assembly and association. The said provisions states as follows;

“20. (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his correspondence.”

“21. (1) Except with his own consent a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to any political party, trade union or other association for the protection of his interests.”

Furthermore, your Excellency, the Supreme Court has on several occasions pronounced itself and guided on the inalienable constitutionally guaranteed rights as provided for in Part Three (3) of the Constitution of Zambia and of concern are the aforesaid provisions.
Your Excellency, The Supreme Court in the case of RESIDENT DOCTORS ASSOCIATION OF ZAMBIA AND OTHERS v THE ATTORNEY GENERAL (SCZ Judgment No. 12 of 2003) stated that;
“The rights to free speech and freedom to assemble are not only fundamental, but central to the concept and ideal of democracy.”
Furthermore, the Supreme Court in the case of MULUNDIKA AND OTHERS V THE PEOPLE [1996] 2 LRC 175 at page 190 guided that; “… invalidity and constitutional guarantee of the rights of assembly and expression preclude the prosecution of persons and the criminalisation of gatherings in contravention of the subsection pronounced against”.

Your Excellency, from the aforementioned provisions of the law and the decided Supreme Court decisions, the Law Association of Zambia must immediately challenge the constitutionality of the statement that was made by the Inspector General of Police as the said statement abrogates the guaranteed constitutional rights of the opposition political persons and proposes to threaten criminal prosecution of gatherings that may occur.

Your Excellency, I opine that the statement that was made goes against the tenets of Constitutionalism, the rule of law as well as the principles of a good democracy such as ours and promotes the advancements of a one party state tendency which must be checked in order to protect our democracy and multi-partism we have achieved thus far.

Your Excellency, the Country is earmarked for general elections in the next two (2) years and such statements only prove a shrinking democratic space which curtails opposition political players from participating in a leveled playing field of this democratic process in offering alternative solutions to our country.

Your Excellency, your intervention in defense of our democracy, rights and individual liberties is in line with the mandate as the Law Association of Zambia is a necessity at present.

Thanking you in anticipation.

Yours Member,

Celestin Mambula Mukandila (LLB, ACHZ)

CC: Attorney General
CC: Human Rights Commission