Gathering law under Spotlight

CSOs welcome Bill referral, call for stronger safeguards on public assembly rights ahead of 2026 elections

By Francis Maingaila ♥️
Lusaka, Zambia24 – (12-06-2026) - Civil Society Organisations (CSOs) have welcomed President Hakainde Hichilema’s decision to return the Public Gatherings Bill to Parliament for further consideration, describing it as a positive step that reflects respect for democratic governance and constitutional freedoms.

Fr. Boyd Nyirenda, Executive Director of the Jesuit Centre for Theological Reflection (JCTR), speaking on behalf of a coalition of CSOs including the Alliance for Community Action (ACA), Media Initiative for Women in Zambia (MIWOZ), Resilient Youth for Change (YOCA), and the Media Institute of Southern Africa (MISA Zambia), said the move comes at a critical moment as Zambia prepares for the 2026 General Elections, when the right to peaceful assembly must be protected.

Fr. Nyirenda said while the organisations welcome the referral of the Bill, it should not be viewed as the beginning of reform, noting that review processes have been ongoing for years.

He recalled that in 2022 Government established a technical committee under the Ministry of Justice to review the Public Order Act, which completed its work and recommended key reforms, including renaming the Act and introducing an appeals mechanism. He said the report was later transferred to the Ministry of Home Affairs, where it has remained pending implementation.

Fr. Nyirenda stressed that citizens should not be given the impression that reform efforts have only just started, adding that long-standing recommendations must now be acted upon.

He expressed concern that some provisions in the Bill could create uncertainty in the regulation of public gatherings and risk inconsistent or selective enforcement.

Fr. Nyirenda said restrictions on assemblies must be applied fairly and consistently to all actors, including political parties, civil society organisations, and community groups, without discrimination.

He further said any restriction should be provided in writing, with clear legal and factual justification, and that affected parties must have access to a fast, transparent, and effective appeals process.

Fr. Nyirenda urged Government and Parliament to use the Bill’s return to strengthen its provisions and ensure full alignment with constitutional protections and judicial precedent on the right to peaceful assembly.

He also recommended that Government issue clear operational guidance to the Zambia Police Service ahead of the campaign period, clarifying that notification—not approval—is required for public gatherings.

Fr. Nyirenda further called for the publication of police training materials and operational guidelines, particularly on the application of the Mulundika principle on peaceful assembly rights.

He said Section 8 of the Bill should be revised to remove any ambiguity that could be interpreted as requiring prior approval, adding that the law must be clear and consistent with constitutional guarantees.

He further urged recognition of spontaneous assemblies, saying citizens must be allowed to gather peacefully in response to urgent or unforeseen events without prior notice.

Fr. Nyirenda also called for the establishment of an independent real-time complaints mechanism to address violations during the electoral period and ensure timely remedies.

He said the CSOs remain committed to protecting civic space, promoting peaceful participation, and ensuring citizens are able to freely exercise their democratic rights ahead of the 2026 elections.

Fr. Nyirenda added that the organisations will continue monitoring the implementation of laws governing public gatherings and will keep the public informed of any emerging concerns.