PUBLIC GATHERING ACT A ‘WOLF IN SHEEP’S SKIN’ – DR MUBANGA

By NATION REPORTER

THE proposed Public Gathering law is a veiled threat to democracy, as it could be used to suppress public assemblies despite being presented as a reform measure, Dr Kafula Mubanga, the Development People’s Party president has said.

Dr Mubanga says the planned transition from the Public Order Act to the proposed Public Gathering Act was being framed as a modernisation of the legal framework governing assemblies, but in reality, posed serious risks to democratic freedoms.

“The transition… is a wolf in sheep’s clothing,” he said, stating that the new Bill retained elements that could undermine citizens’ right to assemble.

He warned that the proposed law contained vague provisions such as “national values,” “public interest,” and “policy priorities,” which, if not clearly defined, could give authorities excessive discretion.

“This is not reform but a licence for authorities to vet assemblies based on whether they align with the Government’s political agenda,” Dr Mubanga said.

He said such terminology could be used to block gatherings deemed unfavourable to the ruling administration, effectively curbing dissent.

Dr Mubanga also raised concern over a subtle shift from a notification system to a de facto permission regime.

“The core of the abuse under the Public Order Act was the misinterpretation of notification as permission. This new Act risks reinforcing that practice,” he said.

Dr Mubanga said if the notification process remained cumbersome or allowed for administrative vetoes, the constitutional right to assemble would be reduced to a conditional privilege.

He also warned that the proposed law could create a chilling effect through selective enforcement and harsh penalties.

“There is a systemic risk that this law will be applied against opposition parties and activists while being ignored for those aligned to Government,” Dr Mubangasaid.

He said holding organisers personally liable for the conduct of participants could deter citizens from organising peaceful protests.

Dr Mubanga said the proposed legislation, if passed in its current form, would not mark a departure from the restrictive nature of the Public Order Act but would instead modernise its limitations.