Zimbabwe’s top court has scrapped a law that was routinely used by police to ban anti-government protests in a landmark ruling.
The Constitutional Court ruled that a section of the Public Order and Security Act (POSA) used by police to regulate public gatherings and demonstrations was unconstitutional.
Former President Robert Mugabe and his successor Emmerson Mnangagwa often used the legislation to ban protests by opposition parties and civil society groups.
However, Constitutional Court Judge Rita Makarau, in a ruling endorsed by the full bench, said section 27 of POSA that forced citizens to seek police clearance to hold demonstrations was open to abuse.
Invoke the powers
“In addition to failing to pass the test on fairness, necessity and reasonableness, there is another feature of section 27 of POSA that I find disturbing,” she said in her judgement.
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“It has no time frame or limitation as to the number of times the regulating authority can invoke the powers granted to him or her under the section.”
Justice Makarau added: “Thus, a despotic regulating authority could lawfully invoke these powers without end. This could be achieved by publishing notices prohibiting demonstrations back-to-back as long as each time the period of the ban is for one month or less.
“Zimbabwe’s top court has scrapped a law that was routinely used by police to ban anti-government protests in a landmark ruling.
The Constitutional Court ruled that a section of the Public Order and Security Act (POSA) used by police to regulate public gatherings and demonstrations was unconstitutional.
Former President Robert Mugabe and his successor Emmerson Mnangagwa often used the legislation to ban protests by opposition parties and civil society groups.
However, Constitutional Court Judge Rita Makarau, in a ruling endorsed by the full bench, said section 27 of POSA that forced citizens to seek police clearance to hold demonstrations was open to abuse.
Invoke the powers
“In addition to failing to pass the test on fairness, necessity and reasonableness, there is another feature of section 27 of POSA that I find disturbing,” she said in her judgement.
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“It has no time frame or limitation as to the number of times the regulating authority can invoke the powers granted to him or her under the section.”
Justice Makarau added: “Thus, a despotic regulating authority could lawfully invoke these powers without end. This could be achieved by publishing notices prohibiting demonstrations back-to-back as long as each time the period of the ban is for one month or less.
“It, thus, has the potential of negating or nullifying the rights not only completely, but perpetually. On the basis of the foregoing, it is my finding that section 27 of the Public Order and Security Act (Chapter 11:17) is unconstitutional.”
Biggest protests
Justice Makarau was making a ruling on an application lodged by groups of civil society organisations and political parties in May last year after they were barred from protesting against Mr Mugabe’s government.
The 94 year-old politician was toppled in a coup six months later where Zimbabwe also witnessed one of its biggest protests in history.
Last week, police arrested tens of Zimbabwe Congress of Trade Unions leaders for planning protests against austerity measures introduced by President Mnangagwa’s government.
Police had banned the protests, citing a cholera outbreak in Harare.
Zimbabwe’s largest opposition party, the Movement for Democratic Change Alliance, was also barred from holding its 19th anniversary celebrations last month for the same reasons., thus, has the potential of negating or nullifying the rights not only completely, but perpetually. On the basis of the foregoing, it is my finding that section 27 of the Public Order and Security Act (Chapter 11:17) is unconstitutional.”
Biggest protests
Justice Makarau was making a ruling on an application lodged by groups of civil society organisations and political parties in May last year after they were barred from protesting against Mr Mugabe’s government.
The 94 year-old politician was toppled in a coup six months later where Zimbabwe also witnessed one of its biggest protests in history.
Last week, police arrested tens of Zimbabwe Congress of Trade Unions leaders for planning protests against austerity measures introduced by President Mnangagwa’s government.
Police had banned the protests, citing a cholera outbreak in Harare.
Zimbabwe’s largest opposition party, the Movement for Democratic Change Alliance, was also barred from holding its 19th anniversary celebrations last month for the same reasons.
Source: The East Africa News Desk
