Limitation of right of free assembly

The 1st respondent, the police officer commanding Harare District, issued a notice in terms of section 27(1) of the Public Order and Security Act [Chapter 11:07] (POSA) in terms of which he banned for a period the holding of all public processions and demonstrations in the Central Business District of Harare, for two weeks.

This application challenged the validity of the statutory instruments which held that all public processions and demonstrations were temporarily banned.

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?

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.