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Legal Monitor Issue 54
Zimbabwe Lawyers for Human Rights (ZLHR)

July 19, 2010

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ZESN hails lawyers for defeating POSA

A local electoral reform body has paid tribute to Zimbabwe Lawyers for Human Rights (ZLHR) for securing the acquittal of its employee, who had been on trial for contravening Section 25 of the Public Order and Security Act (POSA) by convening a public meeting without notifying the police.

Magistrate Munamati acquitted Lovemore Ndhlovu, a Zimbabwe Election Support Network (ZESN) staff member on Wednesday after his lawyer Lizwe Jamela of ZLHR applied for discharge at the close of the State case. This was another kick in the teeth of the transitional coalition government, which continues to use harsh security laws to suppress gatherings and stifle debate among citizens.

Jamela told The Legal Monitor that Magistrate Munamati ruled that Ndhlovu had simply facilitated and not convened the meeting which was held in Dete area last October.

"The Magistrate said that if anyone was to be charged it should be the local Chief who convened the meeting," said Jamela.

Ndhlovu had been on trial after he was charged with contravening POSA, one of the restrictive legislations on the country's statues which the police and state security agents have abused to ban meetings and rallies.

In a statement, ZESN praised ZLHR for securing the acquittal of Ndhlovu, who during his nine months remand period had to report to the Bulawayo Central police station, initially weekly and then once in a fortnight.

"ZESN would also like to thank the Zimbabwe Lawyers Human Rights (ZLHR) who represented Lovemore throughout the case and for a sterling job in ensuring that he was rightly acquitted of the allegations leveled against him.

ZESN continues to call for the recognition of freedom of association and the upholding of human rights, good governance and democratic elections in Zimbabwe," said ZESN, a coalition of 36 non-governmental organisations which coordinates activities pertaining to elections.

Already, Parliament is expected to pass a Private Members Bill seeking to amend the draconian security law, which continues to be relied upon by the coalition government of President Robert Mugabe and Prime Minister Morgan Tsvangirai to restrict political activity by pro-democracy groups and individuals.

POSA, a revised and strengthened version of the colonial Law and Order Maintenance Act (LOMA), regulates political gatherings, forces individuals and groups to notify police before any gathering, and penalises one's failure to carry identity documents among other things.

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