The High Court has set May 21st as the date for judgement in the matter in which the Law Association of Zambia (LAZ) has challenged the Constitutionality of the Public Order Act saying it is discriminatory to opposition political parties.
Judge Evans Hamaundu set the judgement date after the Attorney General closed his defence after Zambia Police Inspector General Solomon Jere’s testimony.
Dr Jere, who was the only State witness, today maintained that the United Party for National Development (UPND) were denied notifications to hold public gatherings for security reasons.
Dr Jere said during cross examination led by LAZ lawyer, Vincent Malambo from Malambo and Company that the refusal of public gatherings complained by UPND was done in the interest of the security of the nation including that of party members.
He said although the police had in writing given reasons to UPND for not supporting the June 6, 2012 demonstration over the independence of the judiciary and the September 9, 2012 Kanyama rally among others, they were not obliged to disclose the details of the reasons for security reasons.
Dr Jere said it was due to security reasons that notifiers intending to hold a public gathering, procession, demonstration or any other meetings were required under the Act to disclose the list of speakers and marshals.
He said knowing would-be speakers for an intended gathering helped police to investigate and be guaranteed of the safety as insecurity usually came through statements that might arise from the reactions of what that speaker might have said.
“There has been instances my Lord where some speakers have purposely used such events to incite, insult and cause anarchy through irresponsible statements and this comes to us through investigations that we undertake before the actual meetings,” Dr Jere said.
He said the police had a task of preventing the breaking of the law by those intending to hold gatherings adding that police had an idea of who was likely to incite the outbreak of the law.
He said “When we foresee that this is a likely event to occur, we prevent such an event from taking place so that we safeguard the public and the decision is made by applying the Public Order Act and other security reasons.”
In the case of the Kanyama rally, he said the event was not supported because of security commitments and that it crashed with a national event, the football match between Zambia and Uganda that was held on the Copperbelt.
He, however, said despite having not supported the gathering, police had created a small reservoir of officers of at least 200 to stop the UPND from going ahead with the gathering.
Dr Jere said the essence of having a Public Order Act in place was to maintain peace and order the reasons why it could not allow people intending to cause the breach of peace to do so.
Dr Jere said the service was aware that the Public Order Act did not require them to grant permission to anybody intending to hold a public gathering but added the same Act was applied in tandem with other pieces of law such as the penal code and Traffic Act but all in the interest of maintaining law and order.
Muzungu anikonde. I doubt if a Bemba would hold such views if he doubts them. An Easterner is a proper example of loyal servant. Nibakwathu aba, so tibaziba nzelu zao namaganizo ao.
You are right like RB he appointed most of his nsolo friends in Diplomatic positions,Aba tenzoteya nabo nsolo.
That picture looks like Scotland I doubt , Zambia looks like that
LT where did you get that picture?
Thanks
Apa pena Chi Tell it wasosa. Congratulations. Aba bantu ba kumawa, katwishi nga niku mwayi, baba ngabakoswe bene balya.
Iwe Ka Mushota naiwe. “Nthat Npuncture lookth like thcotland” as if you are mad. Wafumine ku kwisa pakuya mukulya bacon this time and you even brag ati “nnow I ncan eat bacon and nbread and ndurink tea in thcotland”. Walipena?
Palm trees trees in Scotland? stop displaying your ignorance please Mushota I know comonsence is not very common. What planet do you live on?????
Now we know that Mushota travelled from Zambia to the UK by crossing the river from Musangu village to DRC where she was transported to the atlantic ocean by boat on the Congo river, then thrown onto a ship to Europe!
Manje Iwe niuti muzungu amene ukondwelesa?
Courts are now free to do what to do….not during RB’s time. Haaaaaaa…that man!!
Ba LT why are you showing Supreme court and not High Court.
I will wait for judgement, i hope it will be changed so that no one is prevented from holding gatherings or demonstrations.
Dr Solomon Jere is an example of a useful *****!!!!
What Mr. Jere is telling us is that the Police are fortunetellers or are psychic and are able to tell what speakers at a gathering says or do. This is a democracy in which the Public order ACT has no place. What Mr. Jere is saying is that the law gives them the right to insinuate what people are going to do or say which honestly is colonial mentality. Please give us a break, 48 years after independence and we are still living in bondage?
“Nwhat Mytheter Njere ins ntelling us is nthat nthe npolice are”…Blah, Blah, Blah… You mean you do not know that the police operate on intelligence information? Kwena mwalilala bambi ye.
@GK
Everyone knows that the Police can and do act on intelligence but that should not be the reason to blatantly deny people their rights to freedom of assembly or speech. We also know that Zambia is a peaceful nation or rather a nation full of cowards who will sit back and watch their nation being rampaged without care (will complain later when all is lost). So Jere’s “national security” excuse is nothing but an excuse to used to serve his masters interest.
I would also add that the Public Order Act is not a bad piece of Law and it certainly remains on the UK statutes. It has it’s uses especially in maintaining public order (when disorder breaks or likely to) as was the case in Livingstone. However It is the “abuse” of the Law by Govt that has created this issue.
Waste of public resources
Nubian, Blessings to you. I say this is not a waste for it is time we start to build our country by repealing retrogressive and constrictive laws such as POA. But if you mean paying Jere is a waste, I agree with you.
am sorry to say this man doesn’t inspire me in any way..he’s not useful to our present democratic dispensation..!we need men that will stand for the rule of law and apply it fairly..
This man is just good at singing.Why not let him continue with his band than managing the police?I thought there laws that deal with irresponsible statements that the police can use to effect an arrest
ala!
so this is the man behind those inspiring gospel songs?
okay..
I hate the POA for it holds no relevance and can be and has been abused. to hell with it and all who support it, if we are to build this nation people need to actively engage in public as well as private discourse rather than hide in the bush.
Bless
Mushota which part of Scotland are comparing with the high court? I have lived in and worked in Scotland for more than 18 yrs and i have visited the far corners of Scotland inclusive island both Orkney and Shetland. Glasgow or Edinburgh they no such buildings. Aberdeen known as granite city no such buildings. Kindly contribute with knowledge and wisdom
Back to POA , it’s nice to see how this will help to maintain peace. Law and order. During MMD POA was used but politics is an about applying your self constructively. Why Sata managed without complaining
my view is that the state used a wrong witness. jere is a wrong witness cos the chap lacks integrity. jere is responsible for the breakdown of law in livingstone and i wll be surprised if the hight will in favour of the state. besides, there two supreme court judgements on this matter and i hope hamaundu will not mislead himself. the law should serve the interest of the people and not the police.
I hate Public order act God help Zambia….
I know that Tonga judge Haamaundu will pass a judgement in favour of the PF. His judgements are always in favour of those in power….!! In the registration of the London High Court Judgement that is what he did… to please Rupiah. In this case he will certainly do something to please Ukwah….he is a foolish and stupid judge.
Dr Jere is simply a stupid and dull cop who is a sell out. How can an event on the copperbelt affect the holding of a rally in Lusaka when we have see three rallies all being held at the same time in different venues?
But where was LAZ all this time.MMD put this act and maintained it for yrs now its working agaist them and they are crying foul.Why should PF defend this act which they complained bitterly against.God will judge politicians in Zambia.Pls do unto others what you would like them do unto you.
“National security” needs to be wiped from the Zambian phrase book. It has been used for too long to justify of everything oppressive. The Public Order Act is clear that a gathering cannot be banned, it can only be postponed if the police have inadequate resources and the police must give an alternative date. If police want to use national security excuses then we need a state of emergency declared first. Anybody would think we were a nation on the verge of civil war with regular insurrections for the last 49 years instead of the peaceful nation we have been. As for what people say at rallies, we have freedom of expression and it is not up to the police to decide when people can say what. Time to remove sedition laws as well and defamation of president as well.
The ruling on this matter will be an interesting one. Following what Sillyman Jelly said, it appears the police have so much prophetic power to predetermine the outcome of speeches given at any public gathering. They also possess the power to predict what each speaker will say. I think we must be serious as Zambians not to allow such idiocy to take precendence in our country. Since when did the police assume the right to determine who should speak at any public gathering? Why should the police choose speakers on behalf of others? This shows that Sillyman Jelly had no evidence to give to justify the maintenance of the public order act. The courts must rule in favour of the people of Zambia or else this country will continue being ruled by the dogs.