Attorney General Mumba Malila said the State was ready to defend their case once the LAZ had taken the matter for legal redress saying the statute was appropriate in its current form.
Mr Malila said in an interview in Lusaka yesterday that the Act was suitable as it addressed the interests of all Zambians and not to appease individuals.
Mr Malila said the State would be equal to the task of defending the validity of the Act in the Courts and were ready to meet LAZ head-on.
“There is nothing wrong with the Public Order Act, in its current form, the problem is the way some people want it applied or interpreted that raises the differences. It is meant to address the interests of all Zambians and not individuals.
“LAZ can go to Court, it is their prerogative to do so but as the State, we are also ready. We will wait for them to Court and we are ready as the State to defend this piece of legislature and we are equal to the task because we are convinced that the Act is appropriate,” Mr Malila said.
Yesterday, LAZ decided to challenge the Constitutionality of the Public Order Act in the High Court. The Association was also considering litigations on the issue of who should act as Republican President when the Head of State was out of the country.
LAZ president James Banda said the decision to litigate on the Public Order Act was necessary to remove perceived tension as a result of its ‘arbitrary’ application.
If a law can be interpreted according to the whims of those administering it so that it always suits those that govern, then there is a problem with such a law. Indeed the English saying that Treason is only treason if it fails is apt here.
When the PF was in opposition they were against this Act like it was the plague. Ciwamila Galu kuluma mbuzi indeed!
Mr. Malila you have disappointed me. I am sure you have let a lot of people down who held you in high esteem.
It is must unfortunate that AG, on behalf of the current administration, it’s advocating arbitrary application of already bad law (please take note that colonial power which has introduced such law before majority of Zambians were born has long time ago abandoned the same law) in lieu of looking to the inevitable uproar and civil disturbance which will be caused by said arbitrary application whose sole purpose is to keep in power minority at the expense of fundamental rights as guaranteed by the Constitution. Mr. Malila, to whom you allegiance goes, people of Zambia (and therefore Constitution) or a political party?
Mumba Malila has never been held in High Esteem. By who? All the governments that came have used him as AG. He serves the masters very well with the fooolish laws. He is styopeti…a foool
I cant believe my eyes that of all people Mumba Malila the man i had until now so much regard on such issues could support the law he himself condemned. This world is really amazing and am left wondering to ever believe in human beings. I think the only remedy is GOD.
Mr. Malila, are you saying that the STATE and not PF will defend unjust and arbitrary application of a law enacted by the colonial power before you are born?
It is very unfortunately to have people who are very educated sink so low in order to worship the appointing authority over wrong. Malila is a young man who we all looked up to but his tance to support such archaic laws in this new era surprises all of us. Anyway, we told Zambians that voting for PF will nor gurantee change as they are not different from MMD, and perhaps worse off. MMD never stopped the opppositin including PF and Sata himself to hold public meetings. I remember when Lusaka had to host three rallies at the same time, one at Munali (MMD), Mandevu (PF) and Kanyama (UPND). I wonder if PF can allow this today.
I cant be surprised, Mumba has always been Tribal though pretending to be a national character. This time around had no option but show his true self. Go ahead Tribalist. Just yesterday the same law was bad to day your relative says he likes it and you like it too. You can not deceive Zambians for ever.
please don’t see tribes in everything, i w’d rather you say his boss. i don’t support him but lets dwell so much on tribes, there is nothing tribal here!
I personally think the government is refusing to end this because of the barotse issue, if they do that those people will starting gathering and grouping to form a resistance and the PF government is aware of this. again this just my opinion and a bit of what i have heard. i don’t like this law either.
Ashhole.
Mushala i think you do have a point there when you have mentioned about the baroste issue.#5.1 Goncalves i wonder why you have insulted the person above i do assume that you are part of the people seeking to divide the country with the baroste issue, you have to be sober minded. Dividing the country is against the baroste agreement
Mushota say something ..
Everyone is dancing to the monister’s tune.When Satan Sata said the law is sweet,M’membe took it up and praised the act,then Sakeni the mouthpiece of Ukwa followed and Winter Kabimba kept quiet, yet they condenmed it when applied during Banda’s regime.Now we have this silly young man who says he is going to defend,defend what, a piece of colonial registration Act which is not in line with modern living and democracy. Hey Malila calm down my boy.
we need that piece of law so that we can use agaisnt pf in 2016
John Cash, what do you mean by calling Mumba Malila a tribalist? Mumba is Lenje by tribe. What tribalism has he practiced? Debate on issues. The issue here is his statement and not non issues of tribalism that don’t arise.
What about defending Kapoko case, so he will just walk away with free government or rather people’s money?
PF administration is just a bunch of clowns bent on a mission to bring confusion and amidst that confusion and deception steal as much as they can. they thought promises would buy them some time but its just back fired and exposed them of their gross incompetency. we knew that Kapoko was going to be acquitted sooner than later as his a well known PF Funder, we haven’t forgotten how Kapoko’s lodge was used to Host Meetings PF free of charge. These kangaroo courts are just a waste of time. Then why has the case dragged for so long if their wasn’t enough evidence. pure evil.
For once I held this guy in high esteem. His reasoning is making me suspicious. Is he well nuted?
I now see why RB set Mumba Malila aside, this man is immoral. How do you go and defend such an oppressive law!
The Public Order Act as it stands currently is law and the Artonney General, Mumba Malila or anyone esle has a duty to protect it, until and unless it is repealed or nullified by the courts. It is not up to the Artoney General to declare that law as not good. He swore to protect and defend the constitution, under which this law was formulated?????
You are wrong. This law was formulated long before creation of Zambia and is contrary to the basic principles of fundamental rights
Zambia why?
#12, that is the point here. People speak like they have no idea about these things. Public order Act is law and will be protected by the President and AG Malila for as long as this piece of legislation remains valid. For crying out loud, these people swore to uphold the entire law and not “parts of the law”.
WRONG. They swore to uphold CONSTITUTION and to comply with the law. NOT to arbitrary and for self-serving purposes missinterpret the law. Constitution rules supreme, not the other way
So Sad Indeed.
POA has been in existence for many many many years. The likes of Kadansa the dancer would be having a field day disturbing peace each time he is summoned to the Police. What needs to be done is follow the Law and no one will be hurt.
Bottom line is that Malila is singing for his supper! What a shame, the man does not have a moral backbone. Must you defend a bad piece of legislation enacted by the colonialists because they wanted the black population “under foot”?
I have After reading the above comments and wanting to learn from people that are contributing them, I have learnt nothing
It seems people are becoming keyboard warriors, who are finding it arousing by commenting on things not related to the topic at hand, words such as, Chap/s, tribal, under 5, Satana, Ukwa VIVA are just some of many that are a common vocabulary from the masses here, all in the name of pretense that they understand the topic at hand. The words used are only used by people with limited vocabulary, backwards and not elite, please restrain from using them, and grow up, and please learn from people that open and enlite the public when the situation demands to
Pathetic
Thanks
At least today Mushota has shown intelligence. Indeed there is no need for name calling, just put your urguments across. #12 and #14 you have missed the point, yes the AG has to protect the constitution but this is a living document subject to amending. Ehically, morally and professionally and indeed individually, Malila should question those parts of the constitution that are stiffling development and violeting human rights, his role is not to rubber stamp but to give advise.
You are right on this on Mushota.
This is synonymous to Shonga (Former AG) arguing to the contrary that the ACC Act on Abuse of Office clause was archaic and bad for Zambia…and Malila cried foul and RB fired him…The MMD remove that law. Sata was complaining about the Public Order Act while in opposition and Malila was AG….RB ensured Malila protected the law…now Sata has asked Malila to defend and uphold the Public Order Act…It’s Animal Farm!
I know you are failing to follow this and that is exactly the point…You will never understand politicians…bcoz when a law is against them they cry foul bcoz it is bad law but when it is in their favour…it is good law and need upholding…Political Rhetoric!
When Dr Kaunda and his coligues fought for independence actually what they were fighting for was the public order act.remember that Kaunda was sent to jail when he defied the public order when he held meetings in Townships.The colonial brutal police stoped him and send him to jail.There was no freedom of association and assesmbly.luckly enough Zambia got its independence meaning that people were now free to speak up their minds.Mumba Malila was just a kid he does not know that many pipo died to sacrifice for Zambia’s independence.what is happening now in Zambia was just common during one party state which many Zambian fought and removed kaunda from power.The police can still enforce the law using penale cord.
This is synonymous to Shonga (Former AG) arguing to the contrary that the ACC Act on Abuse of Office clause was archaic and bad for Zambia…and Malila cried foul and RB fired him…The MMD remove that law. Sata was complaining about the Public Order Act while in opposition and Malila was AG….RB ensured Malila protected the law…now Sata has asked Malila to defend and uphold the Public Order Act…It’s Animal Farm!
I know you are failing to follow this and that is exactly the point…You will never understand politicians…bcoz when a law is against them they cry foul bcoz it is bad law but when it is in their favour…it is good law and need upholding…Political Rhetoric!
Attorney General ready to defend archaic and repressive piece of legislation, can you blame him? No, I don’t think so, he has a job to keep and it takes integrity to do the right thing.
I think we are being unfair by condemning Malila over the Public Order Act. The man swore to defend the Constitution, and the public order Act is part of it as long as parts of it do not contravene the constitution. If any part is found to contravene the constitution, then the person concerned can seek redress from the courts of law. Unfortunately, not everyone can seek redress and its not all parts of the constitution which are good, hence need for a new constitution. But in its current form, Mumba Malila being a Lawyer for the government has to defend it as he swore to protect it. Let us not blame him, but our legislators have to do something as they are the ones who make laws
“State ready to defend Public Order Act in court-Malila.” Understood but as a matter of priority first you should appeal against the judgement in Kapoko’s case.
Is this the chap I used to hear was clever and professional?
Professional? this opportunistic whimp? really?
Defending a repressive law is evil. A lesson to never to trust politicians because they are like chameleons, they change positions depending on the prevailing conditions just like a chameleon does with it’s colours. Trust yourselves and take such elusive politicians to task.
So disappointed…
#27 ubec You are right, it would be wrong and immoral for the AG to go against his office and the state, that is against what he swore to protect. I think people are being unfair on Malila
Did you read “Oath of Office”? Try and speak aftwerwards
This one is a big negative dent on Malilo’s profile. Why defend such a law? Is it because of the Baotseland problem that Sata created? Freedom of assembly is one of the fundamental rights of all all human beings. That is why Chiluba, Levy and the democratic RB never applied it, not even on their then arc rival Sata himself. Once someone adheres to such a law, he ceases to be democratic. The implication of applying such a law are that the country will turn into a police state. How will the world perceive Zambia? As at now, we are worse than Zimbabwe because Mugabe no loner enforces such a law.
what has the public order act got to do with barotse issue? the public order act is applicable in Zambia, not barotseland.
and in any case, would one keep this public order act thing just to keep people downtroden? be informed, Barotseland is leaving zambia very soon
if you want to know the real heart of a person, see how he looks after his servants at home. does Malila’s behavior surprise you, welllllllll, ask me!