Police vs Nera Battle Set For Tomorrow
Published: 2016 September 06 06:54:55 (13367 Views)
The hearing of an urgent application by opposition parties and activists challenging the validity of the police ban on all demonstrations in the central business district has been deferred to tomorrow.
The ban is for two weeks, which expires on September 16.
Justice Priscilla Chigumba met both parties' lawyers in her chambers yesterday and informed them that she would hear the matter tomorrow.
Harare lawyer Tendai Biti. who is acting for the applicants — Democratic Restoration Assembly (Dare) leader Gilbert Dzikiti representing opposition parties under the National Electoral Reform Agenda and residents represented by vendors' leader, Mr Standrick Zvorwadza, confirmed the latest develop- ment.
"The court directed that the matter be heard in open court on Wednesday in the morning in view of various interested parties following the matter," said Biti.
The challenge on the validity of Statutory Instrument 101a of 2016 comes at a time President Mugabe has slammed judges for sanctioning political demonstrations when there was clear evidence that the protests would spark violence.
Mugabe made the remarks at the weekend while addressing the ZANU-PF Youth League National Assembly at the party's head- quarters.
This followed an opposition-led protest that occurred in the capital on August 26. The parties are arguing that the ban issued in terms of the Statutory Instrument 101a is unconstitutional.
Police, the parties say, have no authority to issue such a legal instrument. Harare central district police boss Chief Superintendent Newbert Saunyama and Police Commissioner-General Augustine Chihuri are listed as respon- dents.
The ban was issued on Thursday last week and effectively stopped last Friday's planned mega demonstration, where Nera was demanding urgent implementation of electoral reforms ahead of the 2018 elections.
In their application, the parties are seeking an order suspending the operation of SI 101a of 2016 and setting aside the two weeks' prohibition as an interim measure.
They argue that SI 101a violates Section 134(b) and (f) of the Constitution. "Section 134(b) makes it clear that statutory instruments must not infringe or limit any of the rights and freedoms set out in the Declaration of Rights," says Dzikiti who deposed to an affidavit.
- Herald
The ban is for two weeks, which expires on September 16.
Justice Priscilla Chigumba met both parties' lawyers in her chambers yesterday and informed them that she would hear the matter tomorrow.
Harare lawyer Tendai Biti. who is acting for the applicants — Democratic Restoration Assembly (Dare) leader Gilbert Dzikiti representing opposition parties under the National Electoral Reform Agenda and residents represented by vendors' leader, Mr Standrick Zvorwadza, confirmed the latest develop- ment.
"The court directed that the matter be heard in open court on Wednesday in the morning in view of various interested parties following the matter," said Biti.
The challenge on the validity of Statutory Instrument 101a of 2016 comes at a time President Mugabe has slammed judges for sanctioning political demonstrations when there was clear evidence that the protests would spark violence.
Mugabe made the remarks at the weekend while addressing the ZANU-PF Youth League National Assembly at the party's head- quarters.
This followed an opposition-led protest that occurred in the capital on August 26. The parties are arguing that the ban issued in terms of the Statutory Instrument 101a is unconstitutional.
Police, the parties say, have no authority to issue such a legal instrument. Harare central district police boss Chief Superintendent Newbert Saunyama and Police Commissioner-General Augustine Chihuri are listed as respon- dents.
The ban was issued on Thursday last week and effectively stopped last Friday's planned mega demonstration, where Nera was demanding urgent implementation of electoral reforms ahead of the 2018 elections.
In their application, the parties are seeking an order suspending the operation of SI 101a of 2016 and setting aside the two weeks' prohibition as an interim measure.
They argue that SI 101a violates Section 134(b) and (f) of the Constitution. "Section 134(b) makes it clear that statutory instruments must not infringe or limit any of the rights and freedoms set out in the Declaration of Rights," says Dzikiti who deposed to an affidavit.
- Herald
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