By Evarist Baimu Nyaga Mawalla - Home

namely, an assembly or procession not authorized by a permit, where one is required, orone held in contravention of the conditions there or in disregard of orders by the police ormagistrate. Section 43 is the penal provision or disobediences, etc.These provisions sect ss. 41, 42 and 43, are imported into the Political Parties Act vide s.11 (2) thereof. It was argued for the petitioner that these provisions are inconsistent withthe freedom of peaceful assembly and public expression which is guaranteed under Art.20 (1). Mr. Mussa, on the other hand, thought they were all supervisory in character,intended to ensure peace and good order, to the end that the rights and freedoms may bebetter enjoyed.A better approach to these provisions is to distinguish their function. First of all,there is the requirement for a permit grantable by the District Commissioner and thisfalls under s. 40 of the Guidance under 18(1) of the Act, Next there is control of themeetings and processions and this falls under s.41, the exercise of that power beingvested in the police and the magistracy. Finally, we have the criminal law provisions isss. 42 and 42. In considering the question of constitutionality these distinctions have to ekept in mind.I draw these distinctions also because not all meetings or processions require a permit,yet all attract police and magisterial supervision. By virtue of G.N. No 169 of 1958,religious processions as well as religious, social, educational, entertainment and sportingassemblies do not require a permit; by virtue of G.N. No 98 of 1960 assemblies convenedby rural local authorities within the areas of their jurisdiction do not require a permit andby virtue G.N No. 237 of 1962 assemblies convened by Municipal or Town Councilswithin the areas of their jurisdiction do not require permits either; but all these eventsattract police and registries supervision. Let us now look at the character of the threedevising in relation to the constitution.Section 40(2) provides in part, of (2) Any person who is desirous of convening,collecting, forming or organizing any assembly or procession in any public place, shallfirst make application for a permit in that behalf to the District Commissioner…and if theDistrict Commissioner is satisfied, having regard to all the circumstances,. that theassembly or procession is not likely to cause a breach of the peace…he shall, subject tothe provisions of sub- section (3), issue a permit…Section 11(1) of the Political Parties Act is to the same effect although it does notexpressly set out all that is in the above provision. These provisions may then econtracted with the provisions. These provisions may then be contrasted with theprovisions of Art 20 (1) which states in part:-(1) Subject to the laws of the land, every person is entitled to freedom of peacefulassembly, association and public expression, that is to say, the right to assemble freelyand peaceably.217