Minister Katambi clears air on public gatherings

DAR ES SALAAM: MINISTER for Home Affairs Patrobas Katambi has clarified that the Constitutional right to hold public meetings, demonstrations and assemblies must be exercised in accordance with the law, to safeguard peace, security and public order.

The clarification comes amid growing public debate and what the minister described as misinformation circulating in society regarding the protection of citizens, their property and civic responsibilities.

Mr Katambi said the country’s legal position is clear that while the Constitution guarantees the right to public meetings, the exercise of that right may be subject to lawful conditions aimed at protecting public security, peace and the rights of others.

“I have found it necessary to provide this clarification in response to the questions, concerns, debates and misinformation that continue to circulate within society regarding the protection and security of citizens and their property, as well as the responsibilities of every citizen,” he said.

He noted that the Ministry of Home Affairs is constitutionally responsible for safeguarding the country’s internal security through security agencies under its authority to ensure the nation remains peaceful and secure at all times.

Responding to criticism over the government’s handling of public gatherings, Mr Katambi said only the courts, not individuals, political parties, media organisations or civil society groups, have the constitutional authority to determine whether the Constitution has been violated.

He cited Article 107A of the Constitution, which vests final judicial authority in the courts, adding that anyone alleging a constitutional violation should seek legal redress through the High Court under Article 30(3).

The minister also cited the Political Parties Act and the Police Force and Auxiliary Services Act as the principal laws governing political meetings and public assemblies.

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Under the law, organisers are required to notify the District Police Commander in writing at least 48 hours before a planned meeting or demonstration, stating the venue, time and purpose of the event.

“The legal requirement is for notification, not prior permission. However, police have the authority to issue a stop order if there is credible information that a planned gathering could breach the peace, threaten public security, disrupt public order or be used for unlawful purposes,” he stressed.

Additionally, Mr Katambi urged the public to distinguish between the constitutional right to assemble and the legal responsibilities that accompany it, saying constitutional freedoms must be exercised in a manner that does not infringe on the rights of others or undermine the public interest.

He added that the existing legal framework is intended to protect all citizens equally and is not designed to favour or discriminate against any individual or group.