Zambia Police Deputy Inspector General of Police for Administration (D.I.G) Eugene Sibote has urged police officers to familiarize themselves with Public Order Act (POA) and the Electoral Act as a basis on which to enforce a fair and credible electoral process beyond 2016 tripartite elections, reports Pan African Radio Journalist Hermit Hachilonde.
Speaking during the 2015 Equestrian Graduation ceremony where 27 police officers graduated at Lusaka’s Edwin Imboela Stadium today, Deputy Inspector General of Police (D.I.G) Sibote implored police officers to maintain political independence and impartiality at all times.
He advised the men and women in uniform to always act fairly but firmly irrespective of the political actors at play.
“I urge you as police officers to familiarize yourselves with Public Order Act (POA) and the Electoral Act, I shall want to categorically clear that the police command will not tolerate any act of corruption amongst police officers, he said”
Deputy Inspector General of Police also advised officers to observe human rights standards when enforcing law and order.
“Ladies and gentlemen, in order to ensure that credence is given to police actions, i urge you to strictly observe human rights standards when enforcing law and order, he said”
Meanwhile, Zambia Police Service Mounted Unit Department National Coordinator Charles Musonda has appealed to the Police High Command to expedite the process of deploying trained officers as the Thursday 11th August 2016 election date approaches.
However, alluding to the operational challenges, Mr Musonda urged Deputy Inspector General of Police for Administration Sibote to increase material and administrative support to the Mounted Unit Department.
“My appeal to high command is to speed up the process of transferring these officers that are graduating today, and also 2016 is an election year and police need to ensure that there is peace in Zambia, hence the need to purchase international riot gear for the mounted unity, Charles Musonda said”
And responding to the cry of the Zambia police National Coordinator mounted Unit department Charles Musonda, Deputy Inspector General of police Eugene Sibote stated that police in command is aware of the major challenges facing the entire police service in Zambia and Government will soon alleviate all the challenges that were highlighted today at the horse riding and management Graduation Ceremony of 27 officers.
“Ladies and gentlemen, police high command is aware of the many challenges, including the ones that the coordinator mounted unit highlighted, however I must inform you that Government is seriously working on alleviating these challenges, Sibote said”
Since, President Lungu’s appointments of Kakoma Kanganja as Inspector General of Police, political parties and Zambian citizens have expressed worry following police brutality in Zambia.
A case in point is a tear gas canister thrown in a hall in Lundazi District, Eastern Province as Movement for Multiparty democracy (MMD) president Dr Nevers Mumba was addressing members.
In a related development, police in Lusaka have warned Taxi Drivers to be wary of a gang of thieves targeting theft of Toyota Corolla models
Supreme Court Judgement
Mulundika & Others vs The People
“The requirement of prior permission [for a gathering] is an obvious hindrance to two very important freedoms under the constitution since the right to organize and participate in a public gathering is inherent in the freedom to express and to receive ideas and information without interference and to communicated ideas and information without interference. The fact or possibility that permission to assemble and to speak may be refused – so that the constitutional freedoms are denied altogether – on improper or arbitrary ground or even on unknown grounds, renders the subsection [5(4)] objectionable for a variety of reasons.”
“It is therefore not true that there would be chaos and anarchy if the requirement of obtaining…
“It is therefore not true that there would be chaos and anarchy if the requirement of obtaining permission with the chance of being denied such permission is pronounced against. For one thing, there are other laws such as those under Chapter IX of the Penal Code. For another, the holding that section 5(4) is unconstitutional will simply mean that the police and other authorities can no longer deny the citizens of this country their freedom to assemble and speak. The requirement of a prior permit is a left over from the days of Her Majesty’s Governors and the British themselves do not require permission to assemble and speak. Why should we require it?”
“In sum and for the reasons which we have given we hold that subsection 4 of section 5 the Public Order Act, CAP 104, contravenes…
Supreme Court Judgement
Mulundika & Others vs The People
“In sum and for the reasons which we have given we hold that subsection 4 of section 5 the Public Order Act, CAP 104, contravenes Articles 20 and 21 of the constitution and is null and void, and therefore invalid for unconstitutionality. It follows also that the invalidity and the constitutional guarantee of the rights of assembly and expression preclude the prosecution of persons and the criminalization of gatherings in contravention of the subsection pronounced against. Accordingly, a prosecution based on paragraph (a) of section 7 which depends on subsection 4 of section 5 would itself be inconsistent with the constitutional guarantees and equally invalid.”
PF has been using a piece of shiit that was invalidated, declared null and void by our Supreme Court. Subsection 5(4) that required people to have a permit was DELETED by our courts, therefore, no court can convict anyone using a law that the courts have declared illegal. Only notification is required, not permission. We don’t need the permission of PF police cadres for us to enjoy our rights and freedoms enshrined in the constitution. LAZ help us oh.
Right on @ Action Man… not sure why the police have continued to abuse their powers by infringing on people’s rights to assemble; and why we continue to submit to them. The lawyers and the human rights NGOs have not been loud and brave enough to speak against the police abuse.
The issue is a no brainer really that doesn’t even need a Supreme Court judgement at all to understand, but at least the judgement gives the argument it’s credibility.