| Public 0rder Act Continued from last issue
(11) The notice referred to under
subsection (4) shall be delivered to a police station--
(a) in the case of a meeting, in the police
area in which the meeting is to take place; or
(b) in the case of a procession or
demonstration, in the police area in which the procession or demonstration is proposed to
start.
Penalty for disobeying conditions of notice
(12) Any person who-
(a) Opposes or disobeys any direction
issued under subsection(3) of section five; or
(b) Fails to comply with the provisions of
subsections (4), (5) and (7) of section five:
Are guilty of the offence of taking part in
an unlawful assembly under chapter 1X of the penal code and be liable on convictions.
Regulations
(13) The minister may make
regulations for the better carrying out of the provisions of this Act.
National Anthem to be played at public
meetings
(14) (1) The official national anthem shall
be played or sung at the commencement of the business of every public meeting.
(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.
(3) For the purposes of this section,
" the commencement of business" means the time when such public meeting is
called to order, or declared open, as the case may be.
Prohibitions of weapons at public meetings
and processions
(15) (1) Any person who, while present at
any public meeting or on the occasion of any
Public procession, has with him any lethal
weapon, other than in pursuance of
lawful authority shall be guilty of an
offence.
(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.
Prohibition of offensive conduct conducive
to breaches of the peace.
(16) Any person who in any public place or
at any public meeting uses threatening, abusive or insulting words with intent to provoke
a breach of the peace or whereby a breach of the peace is likely to be occasioned, shall
be guilty of an offence.
Powers for the preservations of public
order in respect of public meetings and processions.
(17) (1) If at any time the minister is of
the opinion that, by reason of particular circumstances existing in Zambia or in any apart
thereof, the powers conferred by any other written law will not be sufficient to enable
the police to prevent serious public disorder being occasioned by the holding of public
processions or public meetings in Zambia or 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, prohibits
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 of 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, such be conclusive evidence thereof
in legal proceedings.
(3) Any person who knowingly-
(a) Organises or assists in organising
any public procession or meeting held or intended to be held in contravention of an order
made under this section :
(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.
Penalty for making statements or doing acts
intended to promote hostility between sections of the community
18. (1) Any person who utters any words
or does any act or thing whatever with intent to excite enmity between tribe and tribe or
between one or more sections of the community on the one hand, and any other sections of
the community on the other hand or with intent to encourage any person or persons to do
any acts or omit to do any acts so as to defend the purpose or intention of any law in
force in Zambia or in any part of 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 Ministry from the place where
such order prohibits him from being.
Penalty for inciting to strike in certain
circumstances
19. Any person who wilfully and
maliciously advises, encourages, incites, commands, aids or procures any other person to
break any contract of any kind specified in section fifty-two or fifty-three of the
industrial and Labour Relations Act when the probable consequences of the breach would be
of a nature specified in those sections, shall be guilty of an offence.
Enforcement
20. (1) Any person who commits an
offence against section four shall be liable on summary conviction to imprisonment for six
months 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 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. |
