Source: Charles Laiton, NewsDay
A HIGH Court challenge filed by opposition parties and Harare residents seeking nullification of a police ban on their demonstrations will now be heard in an open court tomorrow.
The matter had initially been booked as an urgent chamber hearing, before High Court judge Justice Priscilla Chigumba yesterday moved it to open court after presiding over a case management meeting involving both the applicants and the State.
The High Court has an application by the National Electoral Reform Agenda (Nera), Democratic Restoration Assembly (Dare), Harare resident, Standrick Zvorwadza and the Combined Harare Residents’ Association (CHRA), seeking an order to suspend the operation of Statutory Instrument 101a of 2016 and an order to set aside a ban imposed by Zimbabwe Republic Police (ZRP) outlawing protests in central Harare.
The urgent chamber application came after Chief Superintendent Newbert Saunyama, in his capacity as the officer commanding ZRP Harare central district, issued the order under the Public Order and Security Act (Posa), which was gazetted last Thursday, banning protests in central Harare for a fortnight until September 16.
This prompted a court challenge by opposition parties under Nera and CHRA, Dare and Zvorwadza, who argued the ban was unconstitutional and infringed on their rights to demonstrate.
The applicants, through their lawyer, Tendai Biti, also want the High Court to order Saunyama to continue processing and dealing with all notifications for public gatherings and processions or meetings in the manner lawfully prescribed under Section 12 of Posa (Chapter 11:17).
Saunyama, Police Commissioner-General Augustine Chihuri, Home Affairs minister Ignatius Chombo and Attorney-General Prince Machaya were cited as respondents.
Source: Charles Laiton, NewsDay