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Lawyers challenge police ban of ZCTU commemorations of police brutality
Zimbabwe Lawyers for Human Rights (ZLHR)

September 15, 2011

Lawyers from Zimbabwe Lawyers for Human Rights on Thursday 15 September 2011 challenged a police ban on a march organised by the Zimbabwe Congress of Trade Unions (ZCTU) to commemorate the brutal assault of trade unionists at the hands of the police five years ago.

In a letter written to Chief Superintendent Titus Chagwedera, the Officer Commanding Harare South District, the ZCTU lawyer, Belinda Chinowawa, of ZLHR said the banning or prohibition of the commemoration is irregular, illegal and unconstitutional because the umbrella labour federation is a bona-fide trade union which is exempted from giving notice to the police of its intention to hold public gatherings or processions.

Chinowawa said the police should assure the ZCTU in writing by 12:00 PM on Friday 16 September 2011 that they will not disturb or interfere with the labour union's commemorations.

The human rights lawyer said if the police do not positively respond to their letter, it shall be assumed that the threats to ban the event made to the ZCTU still stand and an application shall be made to the High Court on an urgent basis to seek relief.

The ZCTU advised the police on 31 August 2011 that they intended to hold the commemoration at a hall in the high density suburb of Kuwadzana on 17 September 2011 to remember the events that occurred on 13 September 2006, during which ZCTU leaders including Lovemore Matombo, Wellington Chibebe, Lucia Matibenga and several other unionists were severely assaulted and tortured upon arrest and in police cells. This was after they staged a demonstration protesting against poor remuneration, harassment of informal traders and lack of access to anti-retroviral drugs.

But the police in a letter dated 13 September 2011 outlawed the commemorations on the basis that there is a potential threat that the event would be hijacked by some "political malcontents and criminals " and degenerate into violence. The police also stated that the commemoration had the potential of "opening already healed wounds."

But in her letter, Chinowawa discounted police fears that the commemoration and march would be "hijacked by political malcontents and criminals and degenerate into violence."

The human rights lawyer said the "very ethos of the commemoration is a campaign against violence and brutality" and hence it would be inconceivable that the event would degenerate into violence.

Chinowawa said the commemoration is only open to ZCTU members and affiliates and not to the general public.

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