Attorney General Mumba Malila is determined to defend the Public Order Act, a piece of legislation, that is in clear conflict with the Bill of Rights.
Malila, an otherwise respected lawyer who was rewarded as Attorney General for performing PF cadre roles, has said President Sata’s government was ready to defend their case once the Law Association of Zambia take the matter for legal redress.
Malila is saying the statute was appropriate in its current form. LAZ president
James Banda, who has been conspicuously quiet on a number of PF constitutional breaches, announced that the body had decided to challenge the Constitutionality of the Public Order Act in the High Court.
Banda contends that decision to litigate on the Public Order Act was necessary to remove perceived tension as a result of its ‘arbitrary’ application which has seen the PF block the MMD and UPND members from freely enjoying their inherent right of assembly, association and freedom of expression.
LAZ is also considering litigations on the issue of who should act as Republican President when the Head of State was out of the country but his deputy was present. Currently, Vice-President is rendered ceremonial and junior in rank to finance minister Alexander Chikwanda, defence minister Geoffrey Bwalya Mwamba and justice minister Wynter Kabimba when President Sata is abroad
Malila, in surprisingly behaving like the many PF cadres and ministers instead of a professional lawyer, said in Lusaka on Thursday that the Act was suitable as it addressed the interests of all Zambians and not to appease individuals.
He said the State would be equal to the task of defending the validity of the Act in the Courts and were ready to meet LAZ head-on.
“There is nothing wrong with the Public Order Act, in its current form, the problem is the way some people want it applied or interpreted that raises the differences. It is meant to address the interests of all Zambians and not individuals.
“LAZ can go to Court, it is their prerogative to do so but as the State, we are also ready. We will wait for them,” said Malila.