Friday, June 12, 2026

Lusaka, Zambia - We, the underlisted Civil Society Organisations (CSOs), acknowledge President Hakainde Hichilema’s decision to decline assent to the Public Gatherings Bill and referring it back to Parliament for further consideration due to identified inconsistencies. The President's decision aligns with dictates of democratic governance and the protection of fundamental freedoms. As Zambia prepares for the 2026 General Elections, it is critical that any legislation regulating public assemblies and gatherings fully aligns with the Constitution and upholds the rights of citizens to freely participate in democratic processes.

At the same time, we wish to place this development in its proper context. As far back as 2022, Government constituted a technical committee under the Ministry of Justice, chaired by the then Permanent Secretary, Mr Akafumba, to review the Public Order Act. That committee completed its work and recommended substantive reforms, including changing the name of the Act and providing a clear mechanism for appeals, among other measures. Its report was handed from the Ministry of Justice to the Ministry of Home Affairs, where it has since stalled. We therefore caution that the President's referral of the Bill should not be presented as the beginning of reform, but rather as an opportunity to finally act on recommendations that have been pending for close to four years. Citizens deserve transparency about this history and genuine reform, not the impression that progress is being made while long-standing recommendations remain unimplemented.

While we welcome the Government's efforts to modernise the legal framework governing public gatherings, we share concerns that certain provisions of the Bill may create uncertainty regarding the exercise of the right to peaceful assembly and create conditions for inconsistent and potentially selective application of the law.

As organisations committed to the promotion of democratic governance, civic participation, and inclusive public engagement, we firmly hold that restrictions on public gatherings must be applied fairly and uniformly across all political actors, civil society organisations, community groups, and citizens, regardless of their political affiliation or viewpoints.

Further, any decision to restrict a gathering should be communicated in writing, clearly stating the legal and factual grounds for such action. Equally important, affected parties should have access to a timely and accessible appeals process to ensure transparency, accountability and protection against arbitrary decisions.

We call upon the Government and the incoming Parliament to use this reconsideration process as a meaningful opportunity to strengthen the Bill and ensure that it fully complies with constitutional principles and established judicial precedents.

Specifically, we recommend the following: 

Issue Clear Operational Guidance to the Zambia Police Service

The government must issue clear guidance to all police commands before the commencement of the campaign period, emphasising that notification, rather than police approval, remains the operative requirement under the law governing public assemblies. Such guidance should be applied consistently throughout the country to prevent selective or arbitrary enforcement.

Publication of Police Training Materials

The government must make public all training materials and operational guidelines issued to law enforcement officers on the administration of the Public Gatherings Law. This should include guidance on the application of the Mulundika principle, which remains an important judicial reference on the right to peaceful assembly.

Review of Section 8

Parliament must take the opportunity presented by the President's referral of the Bill to review and amend Section 8, particularly any provisions that may be interpreted as requiring prior police approval for public assemblies. The law should be clear, unambiguous, and fully aligned with constitutional protections.

Recognition of Spontaneous Assemblies

The revised legislation must provide for spontaneous assemblies, recognising that citizens may wish to peacefully gather in response to unforeseen events or matters of public concern that cannot reasonably accommodate advance notification requirements.

Establishment of a Real-Time Complaints and Response Mechanism

The government must establish an accessible and independent mechanism through which political parties, candidates, civil society organisations, journalists, and members of the public can report alleged violations of the law during the campaign period and receive timely redress.

As Zambia moves closer to the 2026 General Elections, we remain committed to supporting efforts aimed at safeguarding civic space, promoting peaceful participation, and ensuring that all citizens are able to freely exercise their constitutional rights without fear, discrimination, or undue restrictions.

We further commit to monitoring the implementation of laws and regulations governing public gatherings and will continue to engage stakeholders and publicly report on emerging trends and concerns throughout the electoral period.

Issued by: 

Alliance for Community Action - ACA

Media Initiative for Women in Zambia - MIWOZ

Jesuit Centre for Theological Reflection- JCTR

Resilient Youth for Change - YOCA

Media Institute of Southern Africa – MISA Zambia