Chamisa rally hearing set for tomorrow

THE Bulawayo High Court has deferred the hearing of MDC Alliance leader Nelson Chamisa’s challenge against stoppage of his Kwekwe rally to tomorrow.

BY SILAS NKALA

The matter was initially supposed to be heard on Monday, but was rolled over to tomorrow under unclear circumstances.

Last Friday, MDC Alliance Kwekwe district organising secretary Charles Madhihwa filed an urgent chamber application, challenging the cancellation of the opposition party’s Kwekwe rally scheduled for last Sunday. In the application, the opposition leader cited Police Commissioner-General Godwin Matanga, out-going Home Affairs minister Obert Mpofu and other top cops in Kwekwe.

Police banned the rally citing health concerns following a typhoid outbreak in Gweru.

In his founding affidavit, Madhihwa submitted that the police failed to prove that the rally was a threat to public health, likely to disrupt vehicular traffic or cause injury to the participants or other security threats.

“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 in contravening 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 expressed which freedoms are constitutionally protected,” the affidavit read in part.

“In view of the seriousness of the matter and the unlawfulness of the respondent actions there is need to give notice to the parties involved. No cogent at all has been given by the regulating authority for its decision. 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 arbitrary or unreasonably taken way by any person including first respondent.”

Madhihwa submitted that any delays would jeopardise the planned public meeting, both financially and socially.

“Applicant will thus suffer irreparable financial prejudice to re-organise the meeting. It is submitted that the matter is urgent and should be treated as such. I submit that there is no other remedy open to applicant at the moment other than to approach the court,” he submitted.

Madhihwa then prayed for the police ban to be declared null and void and for the police to meet the legal costs.


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11 Comments

  1. average zimbos are tired of rallies we now need bread and butter issues to be addressed and its about time the opposition pull its weight behind the wining candidates and we move in one direction

    1. NYORA KUTI LETS RALLY BEHIND THE ELECTORAL THIEVES AND MOVE ON, KWETE KUTIUDZA ZVISINA BASA

      1. i am not sure we are leaving in the same country as the proponents of the rigging theory failed to produce even an iota of evidence so were is this thieving hypothesis coming from, again lets rally behind the defacto winners and move on as the highest court in the land ratified the legitimacy of the winners take all.

      2. Iwe kana usingadi zvaataura shut up your gobbel into ur dirty arse. Iwe unofunga kuti Kamisa wako anga achatonga Zimbabwe? Usafunga ne muk….By the way he will never ever repeat EVER be president of Zimbabwe.

  2. Comment…The winning candidate Eliasha is Nelson Chamisa and you very well know it. so who should rally behind who here?

    1. Exactly! They rigged the election but they cannot rig the economy. Unless the new colonial masters in Beijing bail them out big time by the Junta mortgaging the entire country and all its contents, that includes people. China says no strings attached but watch the space.

  3. kid marongorongo

    i think there are only those who have nothing to do who will attend a losing candidate’s rally elections are over and politics should not waste people’s time to work given that they have called for more sanctions resulting in shortages and mad price hikes. People need to work for the lives of their families than attending an overzealous loser’s rallies again.

  4. This Stanley guy has a mental challenge if he believes Chamisa won. He lost treble-treble. He lost the election & then tried to impose himself Hitler-style on the country through violence . That he was bound to lose & he again tumbled headlong. Then he went to court & he not only lost the case but whatever little dignity he had left. If he continues challenging the legitimate authority of this country , I shudder to think what else he will lose! It’s bad enough to lose , it’s worse to be a primitive loser!

  5. Law students should attend these hearings to understand how the legal system is misaligned with the Constitution.If you are an unemployed meet your friends at rallies and talk about your dreams.

  6. Comment…Ichokwadi Chamisa is the one who won the elections and everyone knows. Viva Chamisa.

  7. Comment…chamisa os de only president who is going to change Zimbabwe

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