Judge okays Chamisa rally

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.

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12 Comments

  1. NXA KO TYPHOID HAMUIONE HERE SHANDA KWAKO

  2. NXAAA KO TYPHOID HAMUIONE HERE SHANDA KWAKO HEALTH IS NOT POLITICAL

  3. Comment…Kuwiriranakwanakakugarakunzwanana Garanewakomurudohamandishe. Ndinovimba uchava musangano une RUNYARARO. Sezvo RUNYARARO rwuchizvarwa nerudo rwangu.
    RUNYARARO rwuchizvarwa nerudo rwako. RUNYARARO rwuchizvarwa nerudo rwedu tose. Kuitira kuti munyika muve neRUGARE. Nekudaro, musazoitawo zvemhirizhonga. Nekuti apana chainobatsira.

  4. Too late, developments on the ground are moving very very fast and your keys partners in opposition politics have jumped ship and gone to beg for re-admission in zanupf as ordinary card carrying members Grace and Bob, after realising that life was becoming unbearable outside the ruling party.

  5. Actually life in ZanuPf is horrible I just heard The Crocldile was denied 2billion by the yellow man he came back empty handed I bet they were not trilled with junta blowing 5million of their hard earned yuans on isuzu trucks to be given to chiefs so that they marry more wifes

  6. New era for sure. Advent of democracy in Zimbabwe, for sure, if maintained. Next required is unequivocally neutral electoral body. Let it remain ZanuPF constituted provided ZanuPF do not grant themselves benefit of doubt in event of Zec’s disputed performance. The call for cleaner rerun need not frighten either party. In any even ZanuPF can ensure there wont be need for election rerun.

  7. let them win these useless cases they have no bearing. come to election petition you will lose again in 2023, the judges will be the same and the ZEC will still be there nachigumba muchanaka.

    1. you dog with big eyes, keep quiet!!!!

  8. New Error

  9. The problem of machetes and makorokoza in Kwekwe should be controlled vanhu vasagara vachitya. Chamisa has right to conduct rallies, lets`s hope he will not incite violence.

  10. Let’s hope Chamisa cuts down on his lies this time around.

  11. Bobo. Thats blasphemous “Chamisa lying,? a lying president?” Anyone firmly challenging Chamisa win, without application for firm application for rerun of the election is trivially undeclared firm believer in Chamisa. Zec and Zanu ran common cause the show. But both incrediblbly DEMANDED benefit of doubt when it came to noted fraudulant intent behind multitudes of highly suspicious Zec erros.

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