BULAWAYO High Court judge Justice Nokuthula Moyo yesterday
blasted Kwekwe police for blocking opposition MDC Alliance leader Nelson
Chamisa’s rally, which was supposed to be held in the Midlands capital last
week Saturday.
MDC Alliance lawyer Tonderai Chitere confirmed that the
High Court had overturned the ban.
“The rally has been okayed by the High Court. In fact, the
judge said it was the applicant’s constitutional right to hold the rally and it
was even shocking that the police had blocked the meeting,” Chitere said.
In a ruling made in chambers, Justice Moyo said police
acted unlawfully and subverted provisions of the Constitution which allow for
freedom of expression and assembly.
She agreed with MDC Kwekwe district chairperson Charles
Madhihwa, convener of the rally, that Police Commissioner-General Godwin
Matanga and his subordinates had no right to arbitrarily cancel the rally.
Madhihwa, in his founding affidavit, accused Matanga
through the Officer Commanding Kwekwe district Chief Superintendent Conrad
Mubaiwa, of acting arbitrarily and subverting the Constitution.
“The action of the first respondent attempts to infringe on
Section 58 of the Constitution of Zimbabwe, which enshrines the right to
freedom of assembly and association as well as the freedom of expression
enshrined in Section 61. That is so important that it cannot be arbitrarily or
unreasonably taken away by any person, including first respondent,” he
submitted to the court.
Mubaiwa had blocked the rally, citing health concerns
following a typhoid outbreak in Gweru, claiming Health ministry officials had
also expressed similar concerns.
But the MDC Alliance dismissed the cited reasons as flimsy,
saying police had failed to present evidence that they had consulted with the
Health ministry.
“No evidence was provided on oath as envisaged by the
(Public Order and Security) Act (Posa) in question. The conduct of the police
as the responsible authority is unlawful, and is in contravention of Section 26
of Posa Chapter 11:17 that the respondents purport to be enforcing, and there
are no cogent grounds for prohibiting the public meeting and is a clear
violation of applicant’s freedom of assembly, association as well as
expression, which freedoms are constitutionally protected,” Madhihwa submitted.
Newsday
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