(d)
(e)
(f)
(6)
(7)
286.
that the commencement, duration and destination of the
public meeting, procession or demonstration shall be
notified to the police;
that the public meeting; procession or demonstration
shall not create a risk to security or public safety, a
breach of the peace or disaffection amongst the
inhabitants of that neighbourhood; and
that the conveners of the public meeting, procession or
demonstration have been assured by the police that at
the time the proposed activity shall be held it will be
possible for it to be adequately policed.”
Where it is not possible for the Police to adequately police any particular
public meeting, procession or demonstration, the regulating officer of the
area shall, at least five days before the date of the public meeting,
procession or demonstration, inform the conveners of the public
meeting, procession of demonstration writing the reasons for the
inability of the police to police the public meeting, procession or
demonstration and shall propose an alternative date and time for the
holding of such public meeting, procession or demonstration.
Where the police notify the conveners of a public meeting, procession or
demonstration that it is not possible for the police to adequately police
any proposed public meeting, procession or demonstration, such public
meeting, procession or demonstration shall not be held.”
Where a permit has been denied, the conveners of an assembly can
appeal to the Minister of Home Affairs if they are unsatisfied with the
reasons given by the regulating officer as provided in Section 5 (8) of the
Act. If still dissatisfied, the conveners can appeal to the High Court within
30 days, of the Minister’s decision as stated in Section 5 (9) of the Act.
B.
JUDICIAL MEASURES
287.
In Christine Mulundika and 7 others vs. the People S.C.Z. Appeal
No. 95/1995, the applicant and seven others, including the former
Republican President, Dr. Kenneth Kaunda, were charged in a Magistrate’s
Court with unlawful assembly contrary to Section 5 of the Public Order
Act. The then Section 5 of the Act required that any person who wished
to hold a public meeting, procession or demonstration must apply to the
police for a permit. The Police were entitled to reject the application, or if
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