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on NCA Members who were arrested
Harare Residents Association (CHRA)
October 23, 2003
arrested on Wednesday 22 October 2003 after they had carried out
a demonstration to press for a new constitution to replace the current
national law [author/source:News24 (SA)] Those arrested included
Lovemore Madhuku, Chairperson of NCA and Newton Spicer who was filming
the demo in his private capacity.
The 78 have
been charged under POSA Section 19 a(i) which reads
conducing to riot disorder or intolerance
(1) Any person
who, acting together with one or more other persons present
with him in any place or at any meeting-
the peace, security or order of the public or any section of the
(ii) invades the rights of other people; intending to cause such
disturbance or invasion or realising that there is a risk or possibility
that such disturbance or invasion may occur; or
any action, utters any words or distributes or displays any writing,
sign or other visible representation that is obscene, threatening,
abusive or insulting, intending thereby to provoke a breach of the
peace or realising that there is a risk or possibility that a breach
of the peace may be provoked; or
(c) utters any
words or distributes or displays any writing, sign or other visible
(i) with the
intention to engender, promote or expose to hatred, contempt or
ridicule any group, section or class of persons in Zimbabwe solely
on account of the race, tribe, nationality, place of origin, national
or ethnic origin, colour,
religion or gender of such group, section or class of persons;
(ii) realising that there is a risk or possibility that such behaviour
might have an effect referred to in subparagraph (i); shall be
guilty of an offence and be liable to a fine not exceeding $50,000
or to imprisonment for a period not exceeding 10 years or to both
such fine and such imprisonment.
(2) An offence
under subsection (1) is committed whether the action constituting
it is spontaneous or concerted, and whether the place or meeting
where it occurred is public or private.
Newton Spicer has also been charged in spite of the fact that he
was not part of the demo but merely filming for his own records.
Additionally he has been accused of distributing a newspaper which
came out on Tuesday called 'street sheet' - apparently two people
who were arrested for distribution in Mabvuku yesterday stated that
they received copies from Newton. The Street sheet is a two page
tabloid-sized freesheet put out by Zvakwana, a group of activists.
for details or go to the Zvakwana website www.zvakwana.org
photographer (non-journo) who works in Africa Unity Square was also
arrested and continues to be held.
Two Herald journalists
and one from the Independent were held briefly yesterday but released
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