Analysts have applauded the Bulawayo High Court for
stopping MDC-Alliance demonstrations that had been set for today, saying the
decision shows that the country’s judicial organs are alive to the need to
uphold the rule of law.
Justice Thompson Mabhikwa ruled that MDC-Alliance could not
go ahead with the demonstrations after the Confederation of Zimbabwe Retailers
Association, the Bulawayo United Residents’ Association (BURA), the Apostolic
Christian Council of Zimbabwe (ACCZ) and the Grain Millers’ Association of
Zimbabwe (GMAZ) yesterday approached the High Court on an urgent basis seeking
an order prohibiting the opposition party from carrying out illegal
demonstrations in the city.
Constitutional law expert Professor Lovemore Madhuku said
the MDC-Alliance should not cry foul over the court decisions as every litigant
was equal before the law and enjoyed same rights enshrined in the Constitution.
“It must always be known to everyone that the exercise of
rights granted by the Constitution must be with regard to the rights of
others,” said Prof Madhuku, who is known for giving sober analysis and
interpretation of the law.
“Every Zimbabwean has a right to approach the courts just
as those who wish to demonstrate went to court. Those who are against the
demonstrations have similar rights to approach the court. Once that happens the
final decision lies with court.
“That is the fairest thing that can ever happen, that when
two people are in dispute, an independent court must determine the matter. That
is what is meant by the rule of law. There is no alternative to the rule of
law.” He advised MDC to either appeal to the Supreme Court or defy the law if
they think they are brave enough.
“The option that is there is to defy the law and face the
consequences. I am sure no right thinking person will take that route at this
point in time,” said Prof Madhuku.
Dean of Diplomatic Corps Ambassador Mawampanga Mwanananga
said the latest court decision was proper in the circumstances.
“That’s one more proof that this country is well governed,”
he said, adding: “The rule of law is supreme. It’s time for everyone to
understand that.”
Dr Thokozani Khupe’s MDC rapped the Nelson Chamisa-led
party, describing it as a terrorist organisation.
Said the party deputy president Mr Obert Gutu: “These
so-called demonstrations are, in fact, a desperate and clueless move by a
ragtag political organisation that is keen to take over State power using
unconstitutional means. This is a terrorist organisation that has since been
taken over by the vanquished G40 of Zanu-PF. In fact, this ragtag political
formation should, henceforth, be described as MDC-G40.”
The firebrand lawyer said the planned demonstration,
undoubtedly, was going to degenerate into wanton violence, thuggery and looting
as has happened before. Herald
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