Power and Politics

Hichilema gets commendations for rejecting Public Gatherings Bill

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The Law Association of Zambia (LAZ) has welcomed President Hakainde Hichilema’s decision to withhold assent to the Public Gathering Bill No. 71 of 2026, citing constitutional and human rights concerns.

Zambia Monitor reported that President Hichilema had declined to assent to the Public Gatherings Bill and had instead referred it back to Parliament for reconsideration, citing concerns that certain provisions in the proposed law were not fully aligned with established judicial precedents and constitutional guarantees.

In a press statement issued in Lusaka on Thursday, LAZ President, Arnold Kaluba recalled that LAZ had expressed opposition to the enactment of the Bill and called upon the President to withhold assent on the basis that several of its provisions raised significant constitutional and human rights concerns.

He said the President’s decision demonstrated the importance of ensuring that legislative reforms were consistent with constitutional principles, strengthened democratic governance, and safeguarded the fundamental rights and freedoms of all citizens.

“LAZ commends His Excellency, President Hakainde Hichilema, for taking into account the concerns raised by LAZ and various stakeholders regarding the Bill,” Kaluba stated.

He further urged Government to ensure that, before the Bill was reintroduced before the next National Assembly, comprehensive and meaningful consultations were undertaken with all relevant stakeholders, including civil society organisations, political parties, professional bodies, and members of the public.

“A transparent, inclusive, and participatory legislative process remains essential in ensuring that any future law on public gatherings upholds constitutional guarantees, promotes democratic participation, and reflects the aspirations of the Zambian people,” Kaluba said.

He reaffirmed LAZ’s commitment to constructive engagement in matters of constitutional importance and would continue to contribute towards legislative processes that uphold the rule of law, democracy, and the protection of fundamental freedoms, pursuant to its mandate under Section 4 of the Law Association of Zambia Act, Chapter 31 of the Laws of Zambia.

Read More: Hichilema rejects Public Gatherings Bill, cites constitutional concerns

Similary, the Advocates for Democratic Governance Foundation (ADEG) also commended the President for declining to assent to the Bill recently passed by Parliament, saying the decision demonstrates responsiveness to citizens and stakeholders who viewed the proposed law as a threat to Zambia’s democratic gains.

Executive Director Gideon Musonda stated that ADEG was among organisations that consistently expressed concern over the Bill because it sought to codify and entrench several restrictive provisions associated with the colonial-era Public Order Act of 1955.

“Rather than advancing democratic reforms, the Bill risked creating additional barriers to the enjoyment of the fundamental freedoms of assembly, association, and expression guaranteed under Articles 20 and 21 of the Constitution of Zambia,” Musonda said.

While commending the President’s action, Musonda called on the Zambia Police Service to ensure that the spirit and intent of this decision were reflected in the administration of the existing Public Order Act.

He also called on the police desist from weaponising public order laws against opposition political parties, civil society actors, activists, and citizens who hold divergent views.

“We wish to urge law enforcement agencies to faithfully adhere to the principles established in the landmark Christine Mulundika judgment, which clarified that the role of the police is not to grant or deny permission for peaceful assemblies,” Musonda said.

Musonda noted that Zambia lost a valuable opportunity to advance meaningful public order reforms through the 2022 Zambia Law Development Commission consultative process, whose recommendations were submitted to the Ministry of Justice and Ministry of Home Affairs in January 2023 but later shelved.

“The President’s decision therefore presents an important opportunity for Zambia to recommit itself to democratic governance, constitutionalism, and respect for human rights,” he stated.

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