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ZCTU drags police to court

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THE ZCTU has filed an urgent High Court chamber application seeking to compel the police in Masvingo to allow workers to march on Workers’ Day

THE Zimbabwe Congress of Trade Unions (ZCTU) has filed an urgent High Court chamber application seeking to compel the police in Masvingo to allow workers to march during celebrations to mark Workers’ Day on Wednesday.

Report by Silas Nkala

Police last week turned down a request by the George Nkiwane-led ZCTU to hold a procession in the city, forcing the union to approach the Harare High Court. Tawanda Zhuwarara of the Zimbabwe Lawyers for Human Rights, who filed the application on behalf of ZCTU secretary-general Japhet Moyo last Friday, said the union had requested clearance 13 days in advance, giving police enough time to prepare.

“The 1st respondent (Masvingo Central police district commander Chief Superintendent J Nyapfuri) on April 25, 2013 informed the ZCTU of its ban from conducting a procession in Masvingo,” Zhuwarara said in the court papers.

“The 1st respondent’s refusal for the applicant to hold a procession is beyond what is prescribed by the Public Order and Security Act (Posa), Chapter 11:17, and is, therefore, a violation of the applicant’s right to freedom of assembly and association enshrined in the Constitution of Zimbabwe.

“Consequently, the 1st respondent’s ban is illegal and void at law.”

He argued that according to Posa, trade unions were exempted from limitations imposed on processions.

“The applicant contends that it has a right to hold the procession without hindrance from the respondent,” Zhuwarara averred.

He said police had no right to interfere, threaten and bar trade unions from carrying out their day-to-day activities.

“The 1st respondent has already indicated that he is not going to allow the applicant’s procession regardless of the position at law,” the application says.

“There is an implied threat of unspecified action from the 1st respondent in the event that this honourable court does not protect the applicant. It is also clear that the actions of the police through 1st respondent are illegal and a serious violation of the law.

“The applicant cannot wait for the matter to be placed on the ordinary roll as the event is supposed to be on the 1st of May 2013 and cannot be moved or postponed.”

Zhuwarara wants the court to declare the ban null and void. He has also asked the court to grant an interdict barring “the police from interfering, prohibiting or banning processions and gatherings held by the ZCTU”.

The matter is expected to be heard this week. Police Commissioner-General Augustine Chihuri is cited as the second respondent and Home Affairs co-ministers Kembo Mohadi and Theresa Makone as third respondents.