Source: Ruling party ignores court order – DailyNews Live
CHIEF WRITER 9 July 2018
HARARE – The ruling Zanu PF party has courted the wrath of unions
representing teachers after forcing students to its rallies despite the
existence of a High Court ruling that stopped the practice.
As a result, legal watchdog, Veritas, along with the Amalgamated Rural
Teachers Union of Zimbabwe (Artuz), have now been forced to instruct their
lawyers to seek the High Court’s intervention.
Recently, the High Court ruled that learners and teachers should not be
forced to attend political rallies and fund private political interests.
The High Court also ruled that political parties should not use school
premises and property such as buses to pursue their interests.
This was after Artuz and Veritas had approached the courts to stop Zanu PF
from abusing schools, school property, students and teachers.
Zanu PF has appealed against the ruling at the Supreme Court on the basis
that the practice ended with former president Robert Mugabe’s regime.
In its appeal, Zanu PF said the court erred in granting the order when
there was no evidence linking same with the alleged infractions.
But in a statement issued yesterday, Artuz noted that President Emmerson
Mnangagwa’s government which came to power through a soft coup last
November has continued with the practice, regardless.
“Zanu PF party lodged an appeal against the High Court ruling on safe
schools on July 4, 2018. After the appeal, the party is now in overdrive
violating the provisions of the court order,” reads part of the statement.
According to Artuz, last week alone Zanu PF forced teachers in the
Midlands and Mashonaland East provinces to attend its meetings and also
commandeered buses to its rallies.
“On July 6, Zanu PF held a rally at Mapfungautsi Primary School in Gokwe.
Buses from Rutendo High School in Kwekwe, Fletcher and Cheziya high
schools were used to ferry some supporters. Learners from Mapfungautsi
were forced to attend and learning was disrupted at the primary school,”
said Artuz.
Artuz said the ruling party convened a rally on Saturday at Leibenberg
High School in Chivhu where teachers from Chikomba District were asked to
attend.
“It is crystal clear that the appeal by Zanu PF was aimed at suspending
the court order so that the party could violate children and teachers’
rights with impunity.
“There is an urgent need to get relief for the teachers and learners. To
mitigate against this mischievous act, Veritas and Artuz have instructed
our lawyer, Doug Coltart, to seek leave to execute the order pending
appeal. We will approach Masvingo High Court seeking the leave to execute
Justice Mafusire’s safe schools order pending the Supreme Court’s
determination on Zanu PF’s appeal”.
But Harare lawyer and vice president of the MDC led by Thokozani Khupe,
Obert Gutu, said Zanu PF was not complying with the judgment because it
was difficult to enforce.
“In law, there are court orders that are referred to as brutum fulmen i.e
an ineffective legal judgment or put alternatively, a legal judgment that
is incapable of being enforced. This appears to be one such order,” said
Gutu.
“How do you enforce it in practical terms? If young people (including
school children decide to voluntarily attend a political rally), how then
will you hold anyone responsible for making them attend the rally?
“That said, all political parties should desist from actively
commandeering school children to attend political rallies. In my humble
opinion, this judgment is more symbolic than anything else,” he added.
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