By Lovemore Lubinda 

The Zambian Government has announced a proposed amendment to the Public Gatherings Bill to increase the minimum number required for public gatherings from 3 to 7 people.

This follows public outcry after Parliament recently approved the Bill, which is now awaiting President Hakainde Hichilema’s assent.

If signed into law, this would mean that at least seven persons wishing to conduct a political gathering should notify the police first.

Speaking during a media briefing, Home Affairs and Internal Security Minister Jack Mwiimbu said the earlier threshold of three people was too low and could unintentionally capture ordinary social interactions and gatherings.

Mwiimbu explained that a public gathering refers to an assembly, meeting, procession, demonstration, or event of seven or more persons convened for matters of national interest, but does not include gatherings exempted under Section 3 of the Bill.

He said the amendment is intends to ensure that ordinary social interactions, family gatherings, and informal engagements are not subjected to regulation or notification requirements.

Mwiimbu further clarified that the Public Gatherings Bill was not drafted by Government alone, but by various stakeholders following wide countrywide consultations before it was handed over to the Ministry.

He also revealed that under the proposed law, political parties will not be required to seek a police permit to hold gatherings, but will only be required to notify the 

police.

Meanwhile, some analysts have condemned the Bill saying it would violate citizens’ right to assembly and association.

They say the threshold from 3 people should have been raised to at least 20 people or more, as such a number has potential to cause public disorder.

They say gathering of 3 or even 7 people is too broad and can criminalize ordinary civic interaction.

Renowned blogger on finance, economics and politics George Ntonga says this (law) should only apply to organized public assemblies of 20 or more persons.

He adds that the Bill must clearly state that private indoor meetings, church meetings, association meetings, board meetings, youth meetings, and political strategy meetings in private premises do not require notice or permission.

Below some of his key points:

1. Citizens should notify police for coordination only. The law must clearly say:  “A notice shall not be treated as an application for permission.”

2. Automatic clearance if police do not respond

If police do not object within 48 hours, the gathering should be deemed lawful and allowed to proceed.

3. Police objections must be written and specific

Police should only restrict a gathering if they provide written reasons based on a clear and immediate risk of violence, not vague “security concerns.”

4. Create a fast appeal process

Any restriction must be appealable to a magistrate or High Court within 24–48 hours, especially during election periods.

5. Protect spontaneous gatherings

The Bill must protect spontaneous assemblies where citizens gather in response to urgent public events and could not reasonably give prior notice.

6. Limit police power to disperse gatherings

Police should only disperse a gathering where there is actual violence or an immediate threat to life, property, or public safety.

7. Equal treatment for all political parties

The law must expressly prohibit selective enforcement between ruling party, opposition, civil society, churches, unions, and ordinary citizens.

8. Personal penalties for abuse of power

Any officer who unlawfully blocks, delays, or disrupts a lawful gathering for political reasons should face disciplinary action and personal liability.

9. Exclude funerals, weddings, church services, markets, and ordinary social events

The law should not regulate normal community life. These events must be expressly excluded unless they become political demonstrations in public spaces.

10. Annual public reporting

Police should publish annual statistics showing how many notices were received, approved, restricted, appealed, or dispersed, broken down by province and applicant type.

Bottom line: Zambia must repeal the Public Order Act, but the replacement law must not become a modernized permit system. The Constitution protects peaceful assembly. The role of the police should be to facilitate citizens, not to decide who may enjoy their rights.

Back to local news, the Minister of Homeland Security Peter Mukhito says the Malawi Congress Party (MCP) should not place itself above the laws governing public assemblies and processions in the country.

His remarks come after police tear-gassed MCP followers who intended to lay wreaths at the Kamuzu Mausoleum in the city center.

According to Mukhito, clearance procedures involving the police and local authorities are not meant to suffocate democracy or political participation. 

Rather, he says they exist to ensure coordination, public safety, traffic management, and the prevention of violence or destruction of property.

Speaking to the press, he urged all political players to demonstrate responsible leadership by respecting lawful procedures and cooperating with security institutions at all times.

“Democracy thrives not through confrontation with law enforcement agencies, but through mutual respect for constitutional order, dialogue, and adherence to the rule of law,” he stated.

He rounded up his statement by imploring Malawians to reject any culture of political impunity where laws are selectively obeyed depending on political convenience.