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Misinterpretation
of the law and arbitrary arrests must cease!
Zimbabwe Lawyers for Human Rights (ZLHR)
August 28, 2008
Zimbabwe Lawyers
for Human Rights (ZLHR) condemns the continued persecution of human
rights defenders (HRDs) by state actors which has resulted in the
systematic persecution and harassment of several House of Assembly
(HOA) members of the opposition and some members of civic society
organizations under the pretext of enforcing law and order. An internal
Crisis
in Zimbabwe Coalition (CIZ) Annual General Meeting that was
scheduled to take place today (28 August 2008) in Harare was disrupted
by the police acting in their capacity as the regulating authority
under the Public
Order and Security Act (POSA) led by one Inspector Mwenje from
Rhodesville Police Station.
The police have since advised the conveners of the meeting, that
they must give notice of four days (4) required under POSA for convening
'public meetings.' This is despite the fact that POSA
expressly exempts internal meetings of organizations where the public
is not invited from notifying the police of the intention to hold
such meetings. The provisions of POSA relating to private meetings
of organizations have been judicially interpreted in the High Court
case; Zimbabwe
Congress of Trade Unions v Officer Commanding Zimbabwe Republic
Police Harare District & anor 2002 (1) ZLHR 323 (H).
The High Court
ruled that organizations whose activities are not of a political
nature and not open to the public need not notify the regulatory
authority in terms of POSA. The police continue to deliberately
misinterpret the provisions of POSA. Acting under this misapprehension
of the law, Inspector Mwenje and his anti riot squad illegally and
forcefully disrupted the CIZ AGM threatening the participants and
even their lawyers with arrest. ZLHR deplores this illegal conduct
of the police which is tantamount to legislating and usurping the
role of the legislature and the judiciary.
ZLHR is further
greatly concerned by the systematic, arbitrary and unwarranted arrests
of elected Movement for Democratic Change House of Assembly members.
These arrests have a potential of interfering with the participation
of the affected members in the business of parliament. The arrested
parliamentarians' have since appeared at the different magistrate's
court across the country facing charges of public violence and attempting
to cause disaffection in the army.
These prosecutions are continuing even in instances where the police
do not have sufficient evidence to sustain the charges. Recently,
Honorable Ian Kay of the MDC was acquitted after being charged of
similar offences. ZLHR urges the police to desist from arresting
anyone, including HRDS and legitimate political players without
adequate investigations and evidence to sustain a prosecution. These
incidents raises concerns as to the sincerity of the authorities
to allow free political and other fundamental rights related activities
to take place as envisioned in the political parties Memorandum
of Understanding of 21 July 2008.
Visit the ZLHR
fact
sheet
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