Q FM Africa's Modern Radio
The Law Association of Zambia says any powers exercised by the government during the period of the threatened state of public emergency must be used in accordance with the Constitution and in particular in accordance with the Bill of Rights.
LAZ president Linda Kasonde has told a media briefing that the government does not have full emergency powers under a threatened state of emergence.
She says the power to derogate from the rights in the Bill of Rights does not exist under article 31 which relates to threatened state of emergency, and therefore powers under Article 31 must be exercised in compliance with the bill of rights.
Ms Kasonde says while President Edgar Lungu had the discretion to invoke Article 31, the question as to whether the circumstances cited for invoking Article 31 were justified can only be conclusively determined by a court of law.
She adds that the government has no powers to extend the threatened state of emergency beyond the three months approved by Parliament.
The LAZ president explains that there is no power of extension under Article 31 as distinct from powers to extend that are available under Article 30.