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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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