President Hichilema Declines to Sign Public Gatherings Bill

President Hakainde Hichilema has refused to assent to the Public Gatherings Bill, describing the legislation as undemocratic and contrary to the public interest. This decision has surprised legal observers who noted that the bill, in several respects, represented a more progressive framework for civic freedoms than the colonial-era law it was designed to replace.

Details of the Public Gatherings Bill

The bill was introduced to repeal and replace the Public Order Act of 1955, a piece of colonial-era legislation that has long been a source of controversy for its wide grant of discretionary powers to the police to approve or block public assemblies. The proposed law aimed to shift from a permit-based system to a notification framework, thereby tilting the default towards the right of citizens to assemble.

Provisions and Criticisms

Under the proposed law, organizers of any assembly, meeting, procession, or demonstration involving three or more people in a public place would have been required to notify an authorized officer at least five days in advance. The officer would have been obligated to acknowledge the notice within 24 hours and issue a decision within three days. Critics argued that even a notification-based system risked being applied in a manner that would chill the exercise of civil liberties, and that the penalties for holding an unauthorized gathering introduced a criminal dimension that could be selectively enforced.

President's Decision and Public Reaction

By declining to sign the bill, President Hichilema has aligned himself publicly with concerns that the legislation is incompatible with democratic values and the public interest. His decision effectively returns the bill to Parliament for reconsideration. For now, the Public Order Act of 1955 remains the law of the land.