and unconstitutional thereby entitling the petitioners to
redress for the violation;
(ii)
the Regulating officer or the police have no power to refuse
notification on the basis that a public meeting demonstration
or procession will cause a breach of the peace;
(ii)
the police action and conduct violated the petitioners’ freedoms of
expression and assembly and association guaranteed in Articles 20
and 21 of the Constitution; and
(iii)
the police action and conduct was a breach of the Public Order Act as
amended by Acts No. 1 and 36 of 1996.
C.
ADMINISTRATIVE MEASURES
296.
Police officers are under an obligation to adhere to the Public Order Act
when granting conveners of assembly’s permits.
In addition the Zambia
Police Force Instructions provide rules on how to police assemblies
considering the need to maintain peace and safety for both assemblers
and the general public. Police officers are not allowed to use firearms, but
to employ other restraining methods in case of violence, such as the use
of teargas.
297.
In practice, although instructions are given to police officers, it is difficult
to determine the attitude of police officers towards assemblies.
298.
Although assemblies have been generally peaceful in Zambia there have
been circumstances where violence was used against demonstrators by
overzealous police officers. These include:
(a)
The alleged shooting of former President Kaunda and Rodger
Chongwe in 1995, which occurred during a public rally at Kabwe,
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