The arrest of Chama Fumba popularly known as “Pilato” in Livingstone at a Roman Catholic Church premise is unwarranted, illegal and an assault not only to the constitutionally guaranteed fundamental freedoms and liberties enshrined in the Bill of Rights of the Zambia Constitution but also to the survival of democracy.
The constitution amendment act number 2 of 2016 under article 193(e) mandates the police to uphold the bill of rights which includes article 20 and 21 providing for freedoms of expression, association and assembly respectively. Clearly, the police have also veered from its Constitution functions and responsibilities of *upholding the Bill of Rights. This is unacceptable.
We are particularly concerned with the selective application of the public order provisions in the country. Political party cadres especially those from the ruling party have times without number held meetings and public assemblies without notifying the police yet no action has been taken against them. However, the police move at supersonic speed to arrest and detain other citizens especially those with divergent views to those of the party in power. We are aware that there is a scheme to silence civil activism in the country as we move towards the 2021 general elections. This won’t work! The only offence that Chama Fumba has committed is to bring out the failings of this regime including corruption, bad governance and abuse of state power.
We wonder when meetings held within the premises of the catholic church became a crime in Zambia. In as far as we know, the POA Act exempts the Catholic Church from notifying police of meetings at its premises. This is well stipulated in the Public Order Act Under subsidiary legislation section B- The Religious Organizations (Exemption) Order under statutory instruments 448 of 1967 and 330 of 1968 under Order or simply the Religious Organizations (Exemptions) Order.
Order 2 States: Religious organizations mentioned in the schedule (which include the Roman Catholic Church in which premise Pilato was in) shall be exempted from ALL provisions of sections five (under which Pilato has been arrested), seven and nine of the Act subjects of the following conditions:
This exemption is valid in respect of meetings and assemblies of a purely religious nature
Can Police establish that Pilato was not talking about religious issues of transparency, accountable governance and social services which the bible is an integral part of the social teachings of the church?
It is our considered view that Pilato, Laura and Bornwell have been wrongly detained. Why can’t the police learn from the many previous court rulings which have clearly gone against them in matters involving citizens civil liberties. It is irresponsible for the police service to continue engaging in unlawful acts which cost millions of Kwacha to the government in compensation.
Be rest assured that our conviction for an accountable and democratic government will not be gaged in police cells, and the abusers of our public resources whom the police have chosen to protect and defend will not have it easy. We as civil activists have a mandate to educate the public on various national matters. Right now, we shall relentlessly engage on Bill 10 until it falls down, demand answers on Mukula cartel, and demand prudent public resource management from those entrusted with the responsibility on behalf we the citizens.
We also wish to remind the state and police that we shall not be cowed into silence as long as the country continues to be mismanaged in the manner it is being managed today. The Zambian Police must protect citizens freedoms and civil liberties including freedom of assembly, association and Expression. Civil liberties should not be left as a preserve for the ruling party and the patrons
As civil society, we demand that Fumba Chama, Laura Miti and Bornwell Mwewa must be released unconditionally and all charges dropped forthwith.
Signed by:
ActionAid Zambia
Zitukule Consortium
GEARS
Chapter One Foundation
Chikondi Foundation
Lewis Mwape
Alliance for Community Action
Sara Longwe