MDC Alliance challenges police ban

HARARE - The MDC Alliance has filed an urgent application before the Bulawayo High Court challenging the police’s decision to ban its Kwekwe rally that had been scheduled for last Sunday.

Police blocked MDC Alliance president Nelson Chamisa’s planned thank you rally that had been slated for Mbizo 4 Shopping Centre in Kwekwe, following a notification issued on August 27.

In the application, the MDC Alliance cited officer commanding Kwekwe district, commissioner general of police Godwin Matanga and outgoing Home Affairs minister Obert Mpofu as respondents.

In his founding affidavit, Charles Madhihwa — the party’s organising secretary — through his lawyers Chitere Chidawanyika and Partners said the reasons which were advanced by the police in turning down their application did not hold water.

“The reasons advanced by the first respondent (officer commanding Kwekwe district) are that there is an outbreak of typhoid in the province thus the public meeting will not be authorised. I submit that the right to associate and assemble is one of the most crucial rights in any society which must not be infringed without cogent reasons,” reads part of the submission.

The MDC Alliance’s lawyers described the reasons by the police as nothing but a lame excuse.

“I submit that the reasons advanced by the regulatory authority are not cogent enough. This is just a lame excuse to deny the applicant to hold its rally. The outbreak of typhoid has only been confirmed in Gweru and there is no outbreak in Kwekwe.

“Even if the outbreak of typhoid is a concern, which is not, I submit that there are other public gatherings which are being allowed by the respondents without any problem. Such gatherings include soccer matches …”

The lawyers further described the conduct of the responsible authority as unlawful and in contravention of Section 26 of the Public Order and Security Act, Chapter 11:17, claiming the police’s actions were a clear violation of the party’s freedom of assembly.

The applicant, however, appealed that the decision by the police to block the rally “be and is hereby declared unlawful and ultra vires the Constitution”.

Comments (2)

At this juncture I really dont see what it is that Nelson Chamisa would be discussing at a rally. Shouldnt he just be man enough to accept that the country has gone through a rough patch and needs to be let move forward? Chamisa was ruled to have lost the election, a decision that is final. He can shout and scream from any orifice of his choice and nothing will change. If he indeed cares about Zimbabwe, its high time he shut up and let those who won get on with the business of rescuing this country from the quagmire it finds itself in. Unless, of course, Chamisa thinks only of himself and not the long suffering Zimbabweans. His continued rants and shenanigans are tantamount to holding Zimbabwe to ransom because even potential investors get scared when there is so much political discord displayed. Chamisa must let those who won rule, fail if they do, and hold them accountable at the end to challenge them in 2023. This fight is over for him and he must grow up and smell the coffee!!!

MR COOPER - 4 September 2018

You are not invited why crying those who voted for him want to hear him saying and him hear from them so if you didn't voted for him don't worry no one is forced to attend his rallies if you seem to care about how people went through keep quite you wouldn't understand anything about how they went through after their vote was stolen a wrong thing doesn't justified by the fact that it was decided by the concourt that doesn't make it right or true you can be sentenced for the crime that you never commit so that doesn't make you a criminal so better to be quite and leave those who want to listen to him

Innocent - 4 September 2018

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