Tembo has taken the matter to the Lusaka High Court arguing that the action by the police amounted to breach of the constitution.
He has disputed the directive that the protesters seek a permit from the Lusaka City Council to protest against the fire trucks purchase.
Tembo wants the court to determine whether or not regulation 16b and 19 of the local government Act imposes an obligation on his party to obtain written permission from LCC in addition to full compliance with the public order Act in order for them to exercise their freedom of expression, assembly and association.
He also wants the court to determine whether or not conflict exists between the bill of rights as enshrined in articles 20 and 21 of the Republican Constitution with regard to freedom of expression, assembly and association and the local government Act and if so which law should take precedence in view of established case law in this area.
Lastly the PeP leader wants the court to determine whether or not the Zambia Police Service has lawful authority to stop a lawful protest from proceeding for the mere reason that there is no evidence of an alleged written permit from the LCC.
Tembo has argued that freedom of expression, assembly and association are fundamental rights entrenched in the bill of rights in the republican constitution.