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Magistrate upholds police ban on peace rally - MDC appeals
Zimbabwe Lawyers for Human Rights (ZLHR)
March 18, 2011

Magistrate Barbara Chimboza on 18 March 2011 upheld a prohibition order imposed by the Zimbabwe Republic Police (ZRP) on the Movement for Democratic Change (MDC-T) Peace Rally scheduled for Glamis Arena in Harare on Saturday 19 March 2011.

Tendai Biti, the MDC-T Secretary General, represented by Beatrice Mtetwa, approached the court seeking to challenge the ban on the basis that the regulating authority had failed to comply with the stipulated legal requirements under the Public Order and Security Act (POSA) before issuing the prohibition. The state, represented by Fortune Chimbaru from the Civil Division of the Attorney General's Office, led evidence from Superintendent Isaac Gowe, the Acting Officer Commanding Harare Central District in the absence of Chief Superintendent Gwangava who had originated the prohibition.

Putting up a poor performance under cross-examination, Gowe admitted that he had failed to comply with the requirements of POSA before blocking the rally, but instead had used his "common sense" in judging that there would be threats of violence if the MDC-T Peace Rally was to go ahead at the same time as an alleged ZANU PF rally in the same vicinity as Glamis Arena.

Magistrate Chimboza confirmed the prohibition, on the basis that "allowing two such gatherings would jeopardize public order considering the fact that the regulating authority would not have enough manpower".

In a disturbing turn of events, it was later established that ZANU PF has not, in fact, booked its venue for a rally, raising concerns that the Magistrate was intentionally and fraudulently misled. Lawyers are currently finalizing a further legal challenge in the High Court.

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