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The Law Association of Zambia (LAZ) has opposed the enactment of the Public Gatherings Bill No. 71 of 2026 and called on President Hakainde Hichilema to withhold assent to the legislation.
The Bill which was passed in Parliament on May 12, 2026, seeks to repeal and replace the Public Order Act, Chapter 113 of the Laws of Zambia.
In a statement issued in Lusaka on Friday, LAZ President Arnold Kaluba said the Association had consistently expressed reservations regarding the discriminatory and unfair application of the Public Order Act, which it said had hindered the enjoyment of democratic and constitutional rights and freedoms.
Kaluba stated that during the legislative process it made a comprehensive submission to the National Assembly highlighting significant constitutional and human rights concerns arising from the proposed legislation.
He expressed regret that the concerns were not adequately addressed, and acknowledged that the Bill introduced certain progressive provisions compared to its predecessor.
“The Bill retains several structural deficiencies, including the adoption of a quasi-permit regime, the criminalisation of peaceful assembly, excessively broad discretionary powers of restriction,” Kaluba said.
Additionally, he identified inadequate appeal mechanisms, discriminatory exemptions, and the absence of provisions recognising spontaneous gatherings.
He said collectively, the shortcomings rendered the legislation constitutionally deficient.
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“It is particularly concerned that Sections 6, 8, and 13 of the Bill effectively reintroduce the permit regime that was declared unconstitutional in the landmark case of Christine Mulundika and 7 Others vs The People, SCZ Judgment No. 25 of 1995,” Kaluba said.
He argued that the Bill, therefore, undermined Article 11 of the Constitution, which guaranteed every person in Zambia the enjoyment of fundamental rights and freedoms.
“These rights and freedoms are further protected under Articles 20, 21, and 23 of the Constitution. As several of its provisions are inconsistent with the Constitution,” he said.
In light of the concerns raised, Kaluba said it respectfully called upon President Hakainde Hichilema to withhold assent to the Bill.
He said the concern was particularly pertinent as the nation prepared for the General Elections scheduled for August 2026.
“Further engagement and consultation should be undertaken before the final Bill is presented for presidential assent,” Kaluba emphasized.
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