FORMER Mkoba legislator Amos Chibaya and ex-student leader Allan Chipoyi are racing against time to collect 241 witness signatures, a critical requirement in their legal challenge to the Constitutional Amendment No 3 Bill.
High Court Judge President Mary Zimba-Dube last week struck the duo’s initial application off the roll, ruling that the case involved numerous witnesses and could not be resolved on paper without oral testimony.
The two are being represented by Zimbabwe Lawyers for Human Rights lawyer Obey Shava, who confirmed that they are yet to refile the application.
Chibaya and Chipoyi cited the Parliament of Zimbabwe, the Speaker of the National Assembly, the Justice, Legal and Parliamentary Affairs ministry and the Office of the Attorney General of Zimbabwe as respondents.
The matter was heard in chambers before the judge president, who accepted the withdrawal.
Sources close to the applicants yesterday told NewsDay that efforts were focused on securing confirmation from witnesses willing to testify.
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“The case is not dead yet, as we are now pushing for the 241 signatures before launching yet another court application,” they said.
The duo initially filed for a declaratory order and an interdict against the proposed amendment, arguing that the manner in which public hearings were conducted violated citizens’ constitutional right to freedom of expression.
They alleged that individuals opposed to the Bill were violently prevented from making submissions, claiming the hearings were controlled by partisan activists who physically assaulted participants.
They further argued that the public hearings held between March 30 and April 2 failed the test of fairness and inclusivity, rendering the process invalid.
According to their application, in major centres including Harare, Bulawayo, Mutare, Masvingo and Gweru, citizens were allegedly assaulted, intimidated and prevented from expressing their views.
They described the process as “a shame and a mockery” of constitutional rights to free expression and public participation, arguing that the hearings should be set aside.
Lawyer Douglas Coltart, who was assaulted during the Harare hearing, also filed an affidavit describing events that led to the loss of his mobile phone, allegedly at the hands of suspected Zanu PF members.
He submitted that during the proceedings, the organisers of the public hearing denied him and those seated next to him chances to express their views on the Bill.
“To my observation, no person opposed to the Bill was allowed to speak throughout the hearing,” he said.
Coltart added that the individual holding the microphone appeared to select only those who supported the Bill.
“I witnessed multiple incidents where persons who attempted to access the microphone were physically blocked, pushed and assaulted by a group of young men acting in concert and surrounding the microphone holder,” he said.
Coltart said he was later attacked, while trying to recover his mobile phone.
He alleged the individual who took the phone was identified as Luckmore Gapa, while the other alleged attacker was Nicholas Hamadziripi.
“One of these individuals who assaulted me by grabbing me by the neck and striking me on the head with an open hand has subsequently been identified as Nicholas Hamadziripi, a member of Zanu-PF,” he said.
Coltart added that the assault occurred in the middle of the venue and should have been visible to members of the parliamentary portfolio committee and police officers present.
Chibaya and Chipoyi are seeking an order setting aside the outcome of the public hearings, as well as a directive compelling Parliament to conduct fresh, safe and inclusive hearings in the affected areas.
They are also seeking costs against the respondents.