High Court Judge President presides over protest ban challenge

HIGH Court Judge President George Chiweshe will on Monday 19 September hear two urgent chamber applications seeking to set aside a proclamation by Zimbabwe Republic Police (ZRP) to ban marches and demonstrations in Harare Central District.

Source: High Court Judge President presides over protest ban challenge – The Zimbabwean 18.09.2016

The applicants include Zimbabwe Divine Destiny – a church and Democratic Assembly for Restoration and Empowerment (DARE), National Electoral Reform Agenda (NERA), Combined Harare Residents Association (CHRA) and Stendrick Zvorwadza (a political party, civic organisations and a citizen respectively).

The applicants want the High Court to set aside the Government Notice No. 239 A of 2016 by Zimbabwe Republic Police (ZRP) Chief Superintendent Newbert  Saunyama as it restricts the right to demonstrate as guaranteed in the Constitution of Zimbabwe. All applicants intend to hold demonstrations in the coming weeks. They are represented by  ZLHR lawyers Tendai Biti and Dzimbabwe Chimbga.

ZLHR lawyers will argue that the ban is unconstitutional as it is not proportional and does not comply with the principles of natural justice. Further the proclamation breaches Section 58, 59, 60, 61,66(2) 67 (2), 68 of the Constitution as well as provisions of the Administration of Justice Act.

This application comes after Justice Priscilla Chigumba on 7 September 2016 declared as unconstitutional S1 101A of 2016 gazetted on 1 September 2016 banning protests in Harare for a period of two weeks.

COMMENTS

WORDPRESS: 3
  • comment-avatar
    Ndonga 6 years ago

    With Judge President George Chiweshe’s history of past judgments, there is little hope that he will be impartial and fair in his decision as to whether the Government’s ban of protests are unconstitutional, merit an urgent hearing.

    But there again even he must by now know that Mugabe’s days are numbered, and thus must be wondering what effect his new rulings will have on his own long term future.

    We will see…

  • comment-avatar
    Joe Cool 6 years ago

    I’m not sure that this judicial hooligan knows what urgent means. isn’t this the guy who delayed the results of the 2008 elections for about 5 weeks, so they could fiddle the figures?

    I think it will take some ‘ divine destiny’ to get justice out of this ‘honourable’ gentleman, and anyone hoping for it is less than ‘street wise’.

  • comment-avatar
    TJINGABABILI 6 years ago

    African Judges! My foot! A bunch of burnt…