The Law Association of Zambia (LAZ) has decided to challenge the Constitutionality of the Public Order Act in the High Court, Association president James Banda has said.
In a statement made available to the media, LAZ is also considering litigations on the issue of who should act as Republican President when the Head of State was out of the country.
Mr Banda said the decision to litigate on the Public Order Act was necessary to remove perceived tension as a result of its ‘arbitrary’ application.
Below is the full statement.
PRESS STATEMENT: ON PUBLIC ORDER ACT LITIGATION AND OTHER POSSIBLE LITIGATION
The continued unreasonableness exhibited by the Government through the Police to prevent citizens of this Country from holding public gatherings is a source of great concern. What is even more worrying is the seemingly carte blanche endorsement of an archaic law by the Republican President and his Ministers.
In the recent past we have reminded all stakeholders in the governance of our Country, including and particularly, the Executive that the right to freedom of assembly and freedom of association are inalienable and sacrosanct and that the same are guaranteed in the Bill of Rights as by the Constitution established. On this basis, no person or government authority has the right to violate these constitutional rights of citizens, unless under compelling and clearly deserving circumstances.
Contrary to what is expected of a responsible leadership, our leaders seem to be praising and even rewarding Police officers who are brazenly infringing the Constitutional rights of the Citizens of Zambia.
It is clear to us that the Public Order Act as it stands today is subject to manipulation and has been arbitrarily used to stifle freedom of assembly. Accordingly our considered view is that such a law cannot be allowed to grace our statute books.
In this regard, we have decided to challenge the Constitutionality of the Public Order Act or some provisions therein in the High Court. Our litigation team will shortly file in the High Court an appropriate application to challenge this colonial law.
The decision to litigate on the Public Order Act is necessary to remove any tension which is mounting as a result of the arbitrary application of this archaic law. It is necessary in a democratic dispensation such as ours to ensure that fundamental freedoms are not left to the whims and caprices of a few individuals wielding state power
The Association is also considering litigating on issue such as the Right of Citizens to have a lawyer present at whatever stage of investigations, the issue of who can be Acting president if the President is out if the Country and the legality of Statutory Instrument No. 33 of 2012
JAMES BANDA
PRESIDENT
LAZ is finally working up. I hope they mean every pronouncement stated
waking up?
you ve began to wake up one by one. come 2016 the volvano shall erupt leaving PF cults scamper like rats ki ki ki ki.
ABambo Banda, when did you wake up??
Discipline your corrupt lawyers first, then we can trust you. Most Zambian lawyers are CROOKS but LAZ has failed to do anything to discipline them. example is Sakwiba and that Bwalya man. Now LAZ want to become a political party. Shame!!
You are a foool. Careful because I can erupt on you I.DIOT. This is exactly the role LAZ needed to take earlier and make this s.tupid govt. accountable. So much has legally gone wrong in one year. How do you explain the bamba zonke issues, rebasing of the kwacha before parliament approval, Guy Scott’s position as Vice President meaningless. Come on you FOOOL wake up.
MMD volcano sounds like one of the corrupt lawyers
People in Zambia talk too much. Statement after statement of nothingness
true that….
elyo mwaisuka ba fikamba,
to hell with you.or you have just missed appointments.when gkunda spoke where were you..
I wish Hon George Kunda SC were alive, that galant son of the Zambian legal fraternity. He is gone and we have these guys who are waking up when we have been abused beyond redemption. May his great soul rest in eternal peace. We shall for ever miss him. It is true to say that people are appreciated more when they are no more. I hope LAZ is able to redeem itself. I will give them that chance. Go on guys! We need you to provide direction for our country.
When HH questioned the legality of SI 33, he was called bitter, mwahona manje.
Ba Laz bauka ka. Wapya munzi
Good job James, I now feel protected from this rabid stricken Government. That Mwenye guy nealy crippled LAZ. May he go to Hell, the hottest part of hell.
And now the LAZ awaketh. And since this is pro bono work, I offer the following authorites: BCA v Singh ([2010] EWCA Civ 350); AG and Another v Sondashi ;Fungamwango and Another v Nalishebo ; William Banda v the Attorney General ; Lewanika and Others v Frederick Jacob Titus Chiluba ; Mmembe and Another v People ; Mulundika and 7 Others v People ; Ndovi v Post Newspapers Ltd. and Another ; Resident Doctors Association of Zambia and Others v Attorney-General ; Sata v Chimba and Others ; Sata v Simwaka and Others ; People v Mwape and Another ; Attorney General v Clarke (96A/2004) [2008] ZMSC 4 . Freedom of expression is the bedrock of any democracy. Go LAZ go!!! To promote a person who tramples Art 20(1) of the Constitution portends tocsin signs of prelude of dictatorship!!
the earlier you did this the better..we are suffering under ukwa’s rule..
Thank you very much LAZ. Please expedite this action, because some people are drunk with power.
Scampering from the sinking Titanic. These guys should have remained nonpartisan in their discharge of views. From where I stand, these guys remain tainted. It will require more than laundering to get back to the LAZ of yester years.
Is this true?
What waking up? This is just window-dressing.
LAZ died with Multiparty Democracy. Without a strong LAZ, FTJ would have killed millions, It is a strong LAZ and Post Newspaper that shaped LPM into Zambia’s BEST President so far, without a strong LAZ RB Nyama Soya was going to torment us. When Satana won the elections LAZ, the POST, the Church mother bodies, NGOs like Transparent International Zambia went to SLEEP. They are now waking up one by one when MONKEYS have harvested the field.
HH made all these observations earlier and he was called names by even the bloggers today who are praising LAZ on the same issues. So, what you hate is HH and not what he says, what you hate is the Tonga, but people help me. It makes me sad that you hate HH on account of his tribe. But, your days are numbered because God has ordained him and he is going to rule Zambia soon or in 2016. He is going to make a brilliant president. As Zambians, we missed a chance in 2001 because Zambia was not going to be the same with Kambela Mazoka at the helm, but alas FTJ rigged for LPM.May Their Souls Rest In Peace. HH will make the difference we ALL need.
i liked mazoka not because he was tonga but full of vision and humility,he accepted everyone regardles of tribe.not that one who boasts day and night
I thought judges and lawyers job was to interpret the law  and not to question it. Does LAZ have the power to question the the laws passed by parliament?Â
they have the right to defend your rights, lets put it that way shall we
Zambian Lawyers a a big joke. They are nothing but mere fraudsters. How long has the POA been in existance? Is this LAZ president just seeing this for the first time. I will not respect LAZ until they apologies to the Zambian people over spoilt votes during one election they had during Mwanawasa’ reign. They behaved like illiterates they were on that fateful day. Shame!!
#18, HH should explain the source of his percieved wealth if he wants to get a chance of becoming number two in an election. remember he was just a simple accountant who was put in charge of privitising Zamcoz and Lima Bank, what did we seen, Billionaire overnight. Now if you put such a chap in charge of the Nation what will you achieve? bankruptcy I suppose.
Ramcoz
Good move. Follow through with those decisions.
stupid *****s. does it take this long to understand the real issue and laws at hand? Laz i a bunch of fools who are not worthy talking. People have cried since inception of PF and its interpretation of the law.
Oh, so LAZ still exist? Â I guess they went to sleep and good to know they have finally woken up
It’s about time you woke up and did some work. I have just been wandering wether we had an organisation such as LAZ because you have just been plain dormant. Go LAZ GO!!
the response from some imbecilic pf official to this will be LAZ is bitter that pf won elections and is in power. watch this space. its like these guys have no better response to any criticism…go LAZ. no govt should be made to believe they are the ultimate power and can do as they please.Â
FAZ may as well highlight what it considers ‘compelling and clearly deserving circumstances’ for any one at all to deny people the right to assemble. Shoould there be any one at all with authority to stop others from freely meeting? The matter of control should not be to exercised cate blanche. It should not be left to circumstancial and logistical problems faced by the organisers themselves, but not third parties, such as the police – vide the English Public Order Act.
Though, one would rather ask where the opposotion is on this matter. They should have been the first ones to seek judicial review of this matter. They should not be spoon-fed by LAZ. The Opposition and members of civil society should make concerted effots to seek repeal of this archaic law, which contrary to Precedent.
the opposition tried and people looked the other way
James, that’s a good move,show them that you have bones to fight those criminals. Afterall when they were sharing the posts no one considered you for a post of a judge.Now it’s your turn to be a real pole in their eyes. Show Winter that you attained better marks at Law School than him.
What is Statutory Instrument No.33 of 2012 about?