notification to the Police Commanding Officer, Lusaka, of their intention to
demonstrate. The Commanding Officer rejected the petitioners’ written
notice alleging that the demonstration was likely to cause a breach of the
peace. Following the refusal, the petitioners requested the Commanding
officer to suggest an alternative date, a request that he denied.
292.
The petitioners then informed the Commanding officer that they would go
ahead with the demonstration and requested police presence.
293.
During the demonstration, the police disrupted the petitioners and asked
them to disperse on the ground that the demonstration was illegal. The
petitioners refused to disperse and they were subsequently arrested and
later charged with conduct likely to cause breach of peace.
294.
The petitioners contended:
(a) that their freedom of expression as guaranteed by Article 20
of the Constitution had been violated;
(b) that their freedom of assembly and association as guaranteed
by Article 21 of the Constitution had been violated by police
action and conduct; and
(c)
that the police action was in its entirety in breach of the Public
Order (Amendment) Act No. 36 of 1996.
295.
The Court held interlaid that –
(i)
the march by the petitioners was proper and fell squarely
within the ambit of Articles 20 and 21 of the Constitution.
Therefore, the rejection of the notification was null and void
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