The Laws of Zambia
REPUBLIC OF ZAMBIA
THE PUBLIC ORDER ACT
CHAPTER 113 OF THE LAWS OF ZAMBIA
CHAPTER 113 THE PUBLIC ORDER ACT
THE PUBLIC ORDER ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Prohibition of uniforms and flags in connection with political objects
4. Prohibition of quasi-military organisations
5. Regulation of assemblies, public meetings and processions
6. Penalty for disobeying a direction or violating conditions of permit issued under
section 5
7. Unauthorised assemblies
8. Exemptions
9. National anthem to be played at public meetings
10. Prohibition of weapons at public meetings and processions
11. Prohibition of offensive conduct conducive to breaches of peace
12. Powers for preservation of public order in respect of public meetings and
processions
13. Penalty for making statements or doing acts intended to promote hostility
between sections of community
14. Penalty for inciting to strike in certain circumstances
15. Enforcement
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CHAPTER 113
PUBLIC ORDER 38 of 1955
17 of 1956
10 of 1959
An Act to prohibit the wearing of uniforms in connection with political objects and 28 of 1959
the maintenance by private persons of associations of military or similar 51 of 1960
character; and to make further provision for the preservation of public order. 19 of 1965
69 of 1965
[19th August, 1955] 10 of 1967
25 of 1969
51 of 1970
24 of 1977
28 of 1985
13 of 1994
36 of 1996
Government Notices
230 of 1964
497 of 1964
Statutory Instruments
8 of 1965
66 of 1965
1. This Act may be cited as the Public Order Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"meeting" means a meeting held for the purpose of the discussion of matters of
public interest or for the purpose of the expression of views on such
matters;
"public meeting" includes any meeting in a public place and any meeting (whether
or not in a building) which the public or any section thereof are permitted to
attend, whether on payment or otherwise;
"public place" includes any highway, market place, square, road, street, bridge or
other way which is lawfully used by the public, and any place, including a
building, to which the public are for the time being entitled or permitted to
have access either without any condition or upon the condition of making
any payment;
"public procession" means a procession in a public place;
"uniform" includes any article of clothing.
(As amended by No. 10 of 1959, G.N. No. 230 of 1964, S.I. No. 66 of 1965, No. 25 of
1969 and No. 51 of 1970)
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3. (1) Subject as hereinafter provided, any person who in any public place or at any Prohibition of uniforms
public meeting wears any uniform or displays any flag signifying his association with any and flags in
political organisation or with the promotion of any political object shall be guilty of an connection with
political objects
offence:
Provided that-
(i) if an officer-in-charge of police or, in any place where there is no such
officer, an administrative officer, is satisfied that the wearing of any such
uniform as aforesaid on any ceremonial, anniversary, or other special
occasion will not be likely to involve risk of public disorder, he may, by order
in writing under his hand, permit the wearing of such uniform or any other
uniform, in substitution therefor on that occasion, either absolutely or
subject to such conditions as may be specified in the order;
(ii) a person shall not be guilty of the offence of wearing a uniform in a public
place otherwise than at a procession or a public meeting unless he is at the
time acting or purporting to act on behalf of a political organisation or in
furtherance of a political object or is manifesting his adherence to a political
organisation.
(2) Where any person is charged before any court with an offence against this
section, no further proceedings in respect thereof shall be taken against him without the
consent of the Director of Public Prosecutions except such as the court may think
necessary by remand, whether in custody or on bail, or otherwise to secure the due
appearance of the person charged, so, however, that if that person is remanded in
custody he shall, after the expiration of a period of twenty-one days from the date on
which he was first remanded, be entitled to be discharged from custody on entering into a
recognizance without sureties, unless within that period the Director of Public
Prosecutions has consented to such further proceedings as aforesaid.
(3) The court before which any person is convicted for an offence under this section
may direct that the uniform or flag in respect of which the offence has been committed
shall be forfeited or destroyed.
(As amended by S.I. No. 66 of 1965)
4. (1) If the members or adherents of any association of persons are- Prohibition of
quasi-military
organisations
(a) organised or trained or equipped for the purpose of enabling them to be
employed in such a manner that such employment usurps or tends or
appears to usurp the functions of the police or of the Defence Force; or
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(b) organised and trained or organised and equipped either for the purpose of
enabling them to be employed for the use or display of physical force in
promoting any political object, or in such manner as to arouse reasonable
apprehension that they are organised and either trained or equipped for
that purpose;
then any person who takes part in the control or management of the association, or in so
organising or training as aforesaid any members or adherents thereof, shall be guilty of an
offence against this section:
Provided that, in any proceedings against a person charged with the offence of
taking part in the control or management of such an association as aforesaid, it shall be a
defence to that charge for him to prove that he neither consented to nor connived at the
organisation, training or equipment of members or adherents of the association in
contravention of the provisions of this section.
(2) No prosecution shall be instituted under this section without the consent of the
Director of Public Prosecutions.
(3) If, upon application being made by the Director of Public Prosecutions, it
appears to the High Court that any association is an association of which members or
adherents are organised, trained or equipped in contravention of the provisions of this
section, the Court may make such order as appears necessary to prevent any disposition,
without the leave of the Court, of property held by or for the association, and in
accordance with rules of court, which the Chief Justice is hereby empowered to make,
may direct an inquiry and report to be made as to any such property as aforesaid and as
to the affairs of the association, and may make such further orders as appear to the Court
to be just and equitable for the application of such property-
(a) in or towards the discharge of the liabilities of the association lawfully
incurred before the date of the application or since that date with the
approval of the Court;
(b) in or towards the repayment of moneys to persons who became subscribers
or contributors to the association in good faith and without knowledge of
any such contravention as aforesaid;
(c) in or towards any costs incurred in connection with any such inquiry and
report as aforesaid or in winding up or dissolving the association;
and may order that any property which is not directed by the Court to be so applied as
aforesaid shall be forfeited.
(4) In any criminal or civil proceedings under this section, proof of things done or of
words written, spoken or published, whether or not in the presence of any party to the
proceedings, by any person taking part in the control or management of an association or
in organising, training or equipping members or adherents of an association shall be
admissible as evidence of the purposes for which, or the manner in which, members or
adherents of the association, whether those persons or others, were organised, or trained
or equipped.
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(5) If a Judge or a subordinate court of the first class is satisfied by information on
oath that there is reasonable ground for suspecting that an offence against this section
has been committed, and that evidence of the commission thereof is to be found at any
premises or place specified in the information, he may, on an application made by a police
officer, of or above the rank of Assistant Superintendent, grant a search warrant
authorising any such officer named in the warrant together with any other persons
specified in the warrant and any other police officers to enter the premises or place at any
time within one month from the date of the warrant, if necessary by force, and to search
the premises or place and every person found therein, and to seize anything found on the
premises or place or on any such person which the officer has reasonable ground for
suspecting to be evidence of the commission of such an offence as aforesaid:
Provided that no woman shall, in pursuance to a warrant issued under the provisions
of this subsection, be searched except by a woman.
(As amended by S.I. No. 66 of 1965)
5. (1) The Inspector-General of Police may, by Gazette notice, appoint by name or Regulation of
office any police officer of or above the rank of Sub Inspector to be the regulating officer assemblies, public
for the purposes of this section in respect of such area as the Inspector General may, by meetings and
processions
the same or any other Gazette notice, define.
(2) In any area in respect of which no police officer has been appointed to be the
regulating officer under the provisions of subsection (1), the District Secretary of the
District in which such area is situated shall be the regulating officer for the purposes of this
section:
Provided that in the absence of such District Secretary from his headquarters the
senior Assistant District Secretary present at such headquarters may exercise the powers
conferred upon a regulating officer by subsections (3) and (4).
(3) Any regulating officer may issue directions for the purpose of-
(a) regulating the extent to which music may be played on public roads and
streets within his area on the occasion of festivities or ceremonies; or
(b) directing the conduct of assemblies and processions in any public place
within his area, and the route by which and the times at which any
procession may pass.
(4) Every person who intends to assemble or convene a public meeting, procession
or demonstration shall give police at least seven days notice of that person's intention to
assemble or convene such a meeting, procession or demonstration.
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(5) Without prejudice to the generality of the provisions of the preceding subsection,
the conditions which may be imposed under the provisions of the said subsection may
relate to all or any of the following matters:
(a) the date upon which and the place and time at which the assembly, public
meeting or procession is authorised to take place;
(b) the maximum duration of the assembly, public meeting or procession;
(c) in the case of an assembly or public meeting the persons who may or may
not be permitted to address such assembly or public meeting and the
matters which may not be discussed at such assembly or public meeting;
(d) the granting of adequate facilities for the recording of the proceedings of
such assembly or public meeting in such manner and by such person or
class of person as the regulating officer may specify:
Provided that such conditions may not require the convener of the
assembly or public meeting to provide equipment; and
(e) any other matter designed to preserve public peace and order.
(6) The provisions of subsections (4) and (5) shall not apply to any public meeting
convened by or at the request of and intended to be addressed by the President, the
Vice-President or any Minister or Junior Minister or the Speaker or Deputy Speaker of the
National Assembly.
(7) Where in any proceedings against a person for an offence against section seven
it is necessary so to prove, the burden of proving that the said public meeting was
convened by or at the request of and was intended to be addressed by the President or
the Vice-President or any Minister or Junior Minister or the Speaker or Deputy Speaker of
the National Assembly shall lie on the accused.
(8) Any police officer, magistrate or any District Messenger may stop any procession
for which no permit has been issued under this section or which, if such a permit has been
issued, contravenes or fails to comply with any conditions specified therein, and may order
any such procession or any assembly or public meeting for which a permit is required and
which has been convened in a public place without such a permit or which, if such a
permit has been issued, contravenes or fails to be convened in a public place without such
a permit or which, if such a permit has been issued, contravenes or fails to comply with
any condition of such permit, or which contravenes or fails to comply with the provisions of
subsection (1) of section nine, to disperse.
(No. 10 of 1959 as amended by No. 28 of 1959, No. 51 of 1960, No. 19 of 1965, S.I. No.
8 of 1965, No. 69 of 1965, No. 10 of 1967, No. 51 of 1970, No. 24 of 1977, No. 28 of 1985
and 36 of 1996)
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6. Any person who knowingly- Penalty for disobeying
a direction or violating
(a) opposes or disobeys any direction issued under sub-section (3) of section conditions of permit
five; or issued under section 5
(b) violates any condition of a permit issued under subsection (4) of section
five;
shall be guilty of an offence and may be arrested without warrant.
(No. 10 of 1959)
7. Any assembly, meeting or procession- Unauthorised
assemblies
(a) for which a permit is required under subsection (4) of section five and which
takes place without the issue of such permit; or
(b) in which three or more persons taking part neglect or refuse to obey any
direction or order given under subsection (3) or (7) of section five;
shall be deemed to be an unauthorised assembly, and all persons taking part in such
assembly, meeting or procession and, in the case of an assembly, meeting or procession
for which no permit has been issued, all persons taking part in convening, calling or
directing such assembly, meeting or procession may be arrested without a warrant and
shall on conviction be liable to a fine not exceeding one thousand five hundred penalty
units or to imprisonment for a period not exceeding six months, or to both.
(No. 10 of 1959 as amended by No. 10 of 1967 and Act No. 13 of 1994)
8. (1) The Minister may in his discretion exempt by order in writing any religious Exemptions
organisation from all or any of the provisions of sections five, seven and nine.
(2) Any exemption given under the provisions of subsection (1) may be applied by
the Minister either to the religious organisation generally in Zambia or to individual
branches of such religious organisation operating within Zambia.
(3) Any exemption given under the provisions of this section may be made subject
to such conditions as the Minister may impose and may at any time be varied or revoked
by the Minister by order in writing.
(No. 10 of 1959 as amended by G.N. No. 230 of 1964, S.I. No. 66 of 1965 and No. 10 of
1967)
9. (1) The official national anthem shall be played or sung at the commencement of National anthem to be
the business of every public meeting. played at public
meetings
(2) Any person, who convenes, presides at, conducts or addresses any public
meeting at which the official national anthem has not been played or sung pursuant to
subsection (1) shall be guilty of an offence.
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(3) For the purposes of this section, "at the commencement of business" means the
time when such public meeting is called to order, or declared open, as the case may be.
(No. 10 of 1967)
10. (1) Any person who, while present at any public meeting or on the occasion of Prohibition of weapons
any public procession, has with him any lethal weapon, otherwise than in pursuance of at public meetings and
lawful authority, shall be guilty of an offence. processions
(2) For the purposes of this section, a person shall not be deemed to be acting in
pursuance of lawful authority unless he is acting in his capacity as a public officer, or as a
special constable, or as a member of a fire brigade.
(As amended by S.I. No. 66 of 1965)
11. Any person who in any public place or at any public meeting uses threatening, Prohibition of offensive
abusive or insulting words with intent to provoke a breach of the peace or whereby a conduct conducive to
breach of the peace is likely to be occasioned, shall be guilty of an offence. breaches of peace
12. (1) If at any time the Minister is of opinion that, by reason of particular Powers for
circumstances existing in Zambia or in any part thereof, the powers conferred by any other preservation of public
written law will not be sufficient to enable the police to prevent serious public disorder order in respect of
public meetings and
being occasioned by the holding of public processions or public meetings in Zambia or processions
any part thereof, he may, by statutory order published in the Gazette and in such other
manner as he may deem sufficient to bring the order to the knowledge of the general
public in the area to which it relates, prohibit the holding within Zambia or any part thereof
of all public processions or public meetings, or of any class of public processions or public
meetings specified in the order, for such period not exceeding three months as may be so
specified.
(2) An order made under subsection (1) shall have effect from the time when it is
first published in any manner authorised by the provisions of that subsection or from such
later time as may be specified in the order, and a certificate under the hand of the Minister
specifying the time of publication, other than a publication in the Gazette, shall be
conclusive evidence thereof in all legal proceedings.
(3) Any person who knowingly-
(a) organises or assists in organising any public procession or public meeting
held or intended to be held in contravention of an order made under this
section; or
(b) takes part in or attends, or incites any other person to take part in or attend,
any such procession or meeting;
shall be guilty of an offence.
(As amended by G.N. No. 230 of 1964 and S.I. No. 66 of 1965)
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13. (1) Any person who utters any words or does any act or thing whatever with Penalty for making
intent to excite enmity between tribe and tribe or between one or more sections of the statements or doing
community on the one hand, and any other section or sections of the community on the acts intended to
promote hostility
other hand, or with intent to encourage any person or persons to do any act or acts or to between sections of
omit to do any act or acts so as to defeat the purpose or intention of any law in force in community
Zambia or in any part thereof, shall be guilty of an offence.
(2) The Minister may order that during a period specified in the order a person
convicted under subsection (1) shall not enter or be in any area specified in the order or
shall not enter or be in any place outside any area specified in such order.
(3) Any person acting in contravention of any order made in terms of subsection (2)
shall be guilty of an offence against this section and may be removed by warrant under
the hand of the Minister from the place where such order prohibits him from being.
(As amended by S.I. No. 66 of 1965)
14. Any person who wilfully and maliciously advises, encourages, incites, Penalty for inciting to
commands, aids or procures any other person to break any contract of a kind specified in strike in certain
section fifty-two or fifty-three of the Industrial and Labour Relations Act when the probable circumstances.
Cap. 269
consequences of the breach would be of a nature specified in those sections, shall be
guilty of an offence.
(As amended by No. 17 of 1956)
15. (1) Any person who commits an offence against section four shall be liable on Enforcement
summary conviction to imprisonment for six months or to a fine of three thousand penalty
units or to both such imprisonment and fine, or, on conviction by the High Court, to
imprisonment for two years or to a fine of fifteen thousand penalty units, or to both.
(2) Any person guilty of any offence against the provisions of this Act in respect of
which no other penalty has been provided shall be liable to imprisonment for three months
or to a fine of one thousand five hundred penalty units, or to both.
(3) A police officer may without warrant arrest any person reasonably suspected by
him to be committing an offence against section three, ten, eleven or twelve.
(As amended by No. 10 of 1959 and Act No. 13 of 1994)
SUBSIDIARY LEGISLATION
PUBLIC ORDER Statutory Instruments
448 of 1967
330 of 1968
SECTION 8-THE RELIGIOUS ORGANISATIONS (EXEMPTIONS) ORDER
Order by the Minister
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1. This Order may be cited as the Religious Organisations (Exemptions) Order. Title
2. Religious organisations mentioned in the Schedule shall be exempted from all Exemption of religious
the provisions of sections five, seven and nine of the Act, subject to the following organisations
condition:
This exemption is valid in respect of meetings and assemblies of a purely religious
nature.
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SCHEDULE
(Paragraph 2)
African Evangelical Fellowship
African Reformed Church
Anglican Diocese of Zambia
The Apostolic Church in Zambia
Apostolic Faith Born Again Church
Christian Missions in Many Lands
The Evangelical Church in Zambia
The Full Gospel Church of God in the Republic of Zambia
Pilgrim Holiness Church
The United Church of Zambia
Pentecostal Assemblies of God Church
The Roman Catholic Church
(As amended by No. 330 of 1968)
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