Assembly

The appellant, the secretary general of the University of Zambia Students Union, together with his president obtained a permit from the police for the students to hold a public rally at the Kafue Roundabout.   They were later informed that the permit had been cancelled and called to the State House where the   president ordered them not   to   hold  their rally at Kafue Roundabout but at UNZA. The students, however, proceeded with the march at Kafue Roundabout. They were blocked by the police who told them to disburse. The students refused and were arrested.

This petition was an appeal against the decision of the High Court which held that the petitioners breached Section 6 (7) of the Public Order Act (the Act). Section 6(7) of the POA prohibits the holding of public meetings, processions or demonstrations, where the police notify the conveners that they cannot adequately police such events. The petitioners argued that the High Court erred since the prohibition to hold the demonstrations violated their freedoms of expression, assembly and association, as guaranteed by articles 20 and 21 of the Constitution.

This was an order to revise and clarify the definition of an idle and disorderly person per the Penal Code Act. The accused person was charged with photographing the president without permission. He entered a plea of guilty before the magistrates’ court. The magistrate court accordingly convicted the accused on the plea of guilty.