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MDC and the proposed march
Tinashe Mundawarara, Zimbabwe Lawyers for Human Rights (ZLHR)
January23, 2008

Following the prohibition order issued yesterday by Zimbabwe's police of the opposition Movement for Democratic Change (MDC) march planned for 12 noon today, 23 January 2008, police made a pre-dawn raid of Morgan Tsvangirai's house and arrested him. Tsvangirai was later released.

A court application to reverse the ban was filed late yesterday and is currently being considered at the Magistrates' (Civil ) Court in Harare presided by Magistrate Caroline Chigumba. The proceedings will reconvene at 12:30pm. ZLHR member, Alec Muchadehama, is representing the MDC in this case. MDC legal counsel submitted that the banning of the march was illegal and contravened the Public Order and Security (Amendment) Act. The State raised concerns about the march being held in the CBD and not necessarily the route to be followed. However, what made the proceedings more baffling was the production by state lawyers of affidavits which were not previously availed to MDC lawyers before the court hearing commenced.

The affidavits advanced reasons why the police banned the march which appeared to be of no relevance to issues of public order and security and which did not relate to the proposed MDC march. An example was Annex F (an affidavit from police) which is a catalogue of unverified facts on the recent theft of ZESA cables and that the march is likely to cause such activity again, an issue entirely unrelated to the march. Annex E suggested that there has been a recent increase of street vendors and street kids in the CBD and these people might join in. Further submissions by the police included the point that there are currently no traffic lights in the CBD and this was bound to worsen flow of traffic.

In another surprising development the magistrate asked the MDC legal representative if he had instructions from his client on whether the amendments to POSA were passed with their acquiescence although again this did not appear to be relevant to the matter at hand. Proceedings were adjourned at 11:45.

The court has reconvened for judgment at 12:30 and ruled that the march should not be held in town and that the MDC can continue and have a rally at the Glamis stadium at the Harare showground. As people were going to Glamis stadium the police started beating and arresting people. We are yet to ascertain the numbers arrested and beaten.

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