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Police ban of rallies illegal: lawyers, parties
Vusumizi Sifile, The Standard (Zimbabwe)
April 12, 2008

View this story on The Standard website

The police ban on all political gatherings is illegal as it was not issued according to the provisions of the Public Order and Security Act (POSA), lawyers and politicians said yesterday.

On Friday the police commander of the harmonised elections, Senior Assistant Commissioner Faustino Mazango, announced "no political party will be allowed to hold a rally during this period until after the announcement of the outstanding results".

Mazango told journalists the MDC applied to hold a rally today, but the police denied them clearance because "the current period is still very sensitive".

But politicians and analysts yesterday said the ban was illegal and in contravention of POSA, which states that bans can only be effected at district level by the officer commanding (District). Friday's ban was national.

MDC spokesperson Nelson Chamisa yesterday vowed the MDC would "continue with our normal activities".

"The ban is illegal," he said. "Zimbabwe has not been declared a police state. The law is very clear on political gatherings. The police are not above the law, and they cannot just wake up one day and change laws willy-nilly. We will continue with our normal activities."

But he would not say if they would go ahead with their rally today. Constitutional lawyer Lovemore Madhuku said the ban was "politically immoral and illegal".

"There is no jurisprudential difference between a political gathering and a gathering for any other purpose. People who gather for any other purpose can also become politically agitated.

"This betrays the dictatorship mentality that there is always something wrong when people discuss politics. They want to promote a view that is not in the Constitution."

Major Kudzai Mbudzi, a key member of Simba Makoni's presidential campaign, said the ban was an "expression of fear by the government". "The guilty are always afraid. This has nothing to do with rallies; they fear that when people meet, they will discuss issues affecting them. What they do not know is that whether you ban rallies or not, Mugabe's exit is now inevitable," Mbudzi said.

Announcing the ban on rallies on Friday, Mazango said the MDC was "spoiling for a fight" and claimed the party had "deployed around 350 youths countrywide to man bases".

But Chamisa dismissed the claims, saying the police were probably confusing them "with the new opposition, Zanu PF".

"We are a ruling party and we want to be exemplary," said Chamisa. "We cannot be wasting time setting up bases as if we are going to war, instead of setting up institutions to rebuild the economy, create jobs for the people and bring food to people's tables.

"It is only losers who are setting up bases and they should be arrested. It is Zanu PF who have set up bases across the country. People are being terrorised and some have even fled their homes as bases have been set up there."

Chamisa said the police claims were similar to those made in March last year when opposition supporters were accused of petrol-bombing.

"The MDC is not a military organisation. We are a civilian party and at no time have we harboured the issue of setting up bases. That is why we took the long route of democracy, and it's good we have finally reached our destination. It is actually defamatory for Mazango to make such an allegation."

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