ZLHR are arguing that the ban is unconstitutional as it is not proportionate and does not comply with the principles of natural justice.
Source: Demo ban hearing continues – NewsDay Zimbabwe September 28, 2016
BY CHARLES LAITON
The two matters were filed by the Zimbabwe Divine Destiny, Democratic Assembly for Restoration and Empowerment (Dare), civic organisations, National Electoral Reform Agenda (Nera), Combined Harare Residents’ Association and activist Standrick Zvorwadza.
The parties are being represented by Advocate Fadzai Mahere of the Zimbabwe Lawyers for Human Rights (ZLHR) and senior lawyers Tendai Biti and Dzimbabwe Chimbga.
The parties appeared before Justice Chiweshe after filing their heads of argument.
In their application, they want the High Court to set aside Government Notice No. 239 A of 2016 issued by ZRP Chief Superintendent Newbert Saunyama on the basis that it restricts the right to demonstrate as guaranteed in the Constitution.
ZLHR are arguing that the ban is unconstitutional as it is not proportionate and does not comply with the principles of natural justice.
On September 7, Justice Priscilla Chigumba declared as unconstitutional Statutory Instrument 101a of 2016 gazetted on September 1, 2016 banning protests in Harare for a period of two weeks.
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