Public Order Act needs revision
Published On January 8, 2016 » 2321 Views» By Davies M.M Chanda » Latest News
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The Last WordAt the peak of the struggle for independence in Zambia,  the Public Order Act was one regulation Zambian nationalists dreaded.
Northern Rhodesia Police attired in Khaki uniforms complete with puttees, heavily-starched uniforms and pith helmets would pounce on any illegal meeting and arrest freedom fighters.
Empowered by the piece of legislation than banned such gatherings under the name of the queen, the authorities had a legal document to quote.
The Public Order Act, then known as the Public Order Ordinance was the reason United National Independence Party (UNIP)  nationalists chose to go to a then distant place called Mulungushi in Kabwe where serious resolutions for Zambia to attain her independence were made.
To nationalists in political parties like Sechaba, Africa National Congress and UNIP, the Public Order Ordinance was put in place to suppress the independence struggle and thus perpetuate colonialism.
However, when the young Zonk-haired starry-eyed nationalist Kenneth Kaunda then only 39 years ascended to power, he realised that it was unimaginable to govern without the dreaded Public Order Ordinance.
This was against the backdrop of the Lenshina Uprising, the threat of neighbouring countries still in colonial bondage and the tribal-fuelled opposition parties.
Instead of changing the ordinance to allow for free meetings, the politically-naive leader strengthened it, changing it in 1967  to the Public Order Act with numerous adjustments to empower UNIP officials.
Under the new changes, UNIP and party officials like the President, Vice-President, Speaker, Deputy Speakers could hold meetings without getting a police permit.
The justification by the UNIP intelligentsia was that party officials needed to tour the country to explain party policies to the people.
UNIP stalwarts also explained that officials needed to be empowered thus in order to unite the tribes. Another notable change was to make the singing of the national anthem at every public meeting compulsory.
When the Movement for Multi-Party Democracy (MMD) came into power in 1991 with Frederick Chiluba as its leader, the Public Order Act was further changed with no plausible justification.
Under the new changes was the clause to allow parties intending to hold a meeting give authorities 14-day notice prior to the meeting.
Now the Public Order Act has continued to rub off the conscience of the authorities with Speaker of the National Assembly Patrick Matibini recently announcing that the act will be modernised to ease conflict.
The Public Order Act has often been responsible for conflict with some leading civil society organisations and opposition political parties denied the right to hold public meetings by the police.
Matibini said that the law may be reviewed before the 2016 general elections as there was consensus that it was not only archaic but flawed.
Matibini said that President Edgar Lungu was one of the lead proponents of the revision of the Public Order Act adding that the Head of State had assured him that the law needed to be reviewed.
What is interesting about this controversial piece of legislation is that review or no review, Public Order Act can serve as an instrument of progression or stagnation.

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