Source: Police block Mujuru elections – NewsDay Zimbabwe March 25, 2017
POLICE have barred former Vice President, Joice Mujuru’s National People’s Party (NPP) from holding its national executive elections today at Coach House in Bindura prompting the party to approach the court for recourse.
BY CHARLES LAITON
NPP Mashonaland Central provincial chairperson Godfrey Chimombe, filed an urgent chamber application on Thursday after the Officer Commanding Mashonaland Central Province, who is the regulating authority in terms of the Public Order and Security Act (Posa), declined to give the party the green light. He said the ban of the NPP convention was on the basis that it had failed to comply with section 25 of Posa.
In his founding affidavit, however, Chimombe said the reason proffered by the police was vague, embarrassing and frivolous to say the least, adding such reason was not justifiable in a democratic society.
“I am advised and I believe same to be true and correct that the reason given by 1st respondent (Officer Commanding Mashonaland Central) is not justifiable in a democratic society. The reason is vague, embarrassing and frivolous to say the least,” Chimombe said.
“I am advised and I believe same to be true and correct that for the regulating authority to refuse to sanction the gathering of applicant’s (NPP) members on the basis of the non-compliance with section 25 of the Public Order and Security Act without pointing out the alleged breach or otherwise of law, makes 1st respondent’s directive grossly unlawful.”
Chimombe further said the NPP had already made preparations for the event and used over $15 000 in bookings of the venue and for buses which were set to transport delegates to the venue.
“Applicant will suffer irreparable harm if relief sought is not granted by this honourable court for lack of alternative remedy. It is the respondent’s unlawful actions in disallowing the holding of applicant’s provincial national executive elections which has occasioned the present application,” he said.
According to Chimombe on March 19 this year, NPP notified the police of its intention to hold its provincial and national executive elections in Bindura between 10am to 5pm. However, On March 21 the police replied to the party’s letter to the effect that its notice did not comply fully with section 25 of the Posa.
The chairperson further said to demonstrate that the police directive was “malicious and vague”, the Officer Commanding did not even seek “to comply with provisions of the Posa as amended at March 1, 2017”.
For avoidance of doubt, Chimombe, said section 25 (3) which governs regulations of public gatherings reads; “whenever it is practicable to do so before issuing a directive under subsection (1) a regulating authority shall give the organiser of the public gathering concerned a reasonable opportunity to make representation in the matter…..”
“With respect, 1st respondent as the regulating authority has sought to make unlawful directives without inviting applicant as the organiser of the gathering and affording him the opportunity to make representations in the matter,” he said.
“Clearly, the directive issued by 1st respondent is unlawful and contrary to the provision of the law. Secondly, 1st respondent has not made express pronouncement as to the reasons why applicant’s provincial and national executive gathering for provincial and national elections should not succeed.”
Chimombe further argued section 25 (1) of the Posa makes it clear that the regulating authority may give directions, as appear to him to be reasonably necessary, for the preservation of public order and public peace.
“With respect, I am advised and I believe same to be true and correct that such directions can only be made where the regulating authority is of the view that the gathering could cause; public disorder, breach of peace and obstruction of any thorough fare.
Regrettably, 1st respondent’s correspondence is not indicative of any of the above,” he said.
“I therefore submit that this matter is very urgent by its very nature if applicant is to avoid irreparable prejudice and harm to its interests which will ensure that the provincial and national executive elections of its membership are done.”
By the time of going to print the matter had not been allocated a judge.
COMMENTS