Constitutional right of free association

This was an application for leave to appeal the decision of the High Court, that dismissed an application for a declaration of invalidity of section 57A as read with Schedule 1A of the Electoral Act, for limiting the right to stand for public office and the freedom of association as guaranteed in sections 19(3)(b) and 18 of the Constitution, respectively.

Three judgments were delivered:

The applicant, who was then involved in the country’s politics and was a leader of an opposition party, wrote and caused to be published in an independent weekly newspaper, an article entitled “A shameful betrayal of national independence.” Jointly with a director and the editor of the newspaper in question, the applicant was arrested on allegations that they had contravened section 182 (1) (a) of the Criminal Law (Codification and Reform) Act (the Act), in addition to section 31 (a) (iii) of the same Act.

This was an appeal against the decision of the High Court stating that sections 5 and 6 of the Public Order Act, Cap 113 Laws of Zambia (POA) do not violate the constitutional provisions on freedom of expression and assembly.

The court determined whether the POA, as amended, was constitutional and addressed concerns raised by the court in the Mulundika judgment over unconstitutionality of the pre amended section 5(4). Second, whether the police were applying the provisions in the POA in a fair manner?