Apex court to rule on demo ban

Fidelis Munyoro Chief Court Reporter
The Supreme Court is today expected to hear an appeal by opposition political parties under the banner of the National Electoral Reform Agenda (Nera) contesting the High Court judgment endorsing a police ban on protests in Harare.

The appeal follows Judge President Justice George Chiweshe’s ruling last year dismissing NERA and pressure groups’ challenge to an injunction imposed on protests in Harare Central District by the police under Statutory Instrument 101 A of 2016.

They had contested the validity of the injunction. NERA head of legal affairs Mr Douglas Mwonzora yesterday confirmed the appeal would be heard today.

“We are persisting with our appeal that the ban on demonstrations in Harare Central Business District is unconstitutional,” said Mr Mwonzora.

“We are Zimbabweans (just) as Zanu-PF people. Zanu-PF is allowed to demonstrate anywhere, including Harare Central Business District, and we are not. We view this as a form of black apartheid and we say no.” Harare lawyer Mr Tendai Biti, who is also the leader of People’s Democratic Party, is expected to argue the matter on behalf of NERA.

Last year at the height of demonstrations by various pressure groups, Justice Chiweshe set aside Justice Priscilla Chigumba’s earlier decision giving a nod to marches after a joint application by NERA, Democratic Assembly for Restoration and Empowerment, Combined Harare Residents’ Association, Zimbabwe Divine Destiny and Harare resident Stendrick Zvorwadza.

NERA and the pressure groups wanted the ban on protests in Harare imposed by the police from September 16 to October 16 last year put on hold.

Justice Chigumba ruled that it was the constitutional right of citizens to protest as provided for in Section 59 of the Constitution. Justice Chiweshe overturned the decision when he ruled in another case that the police had acted lawfully under Section 27 of the Public Order and Security Act.

He said Section 27(1) was not ultra vires the Constitution and therefore dismissed the challenge with costs. NERA has been conducting nationwide demonstrations in a futile attempt to pressure Government and the Zimbabwe Electoral Commission (ZEC) to implement electoral reforms ahead of next year’s harmonised elections.

The opposition parties were pressing for a cocktail of electoral reforms, among them institutional reforms at ZEC.