Back to Index

Court dismisses MDC MP's appeal with costs
The Herald (Zimbabwe)
November 30, 2005

http://www.herald.co.zw/index.php?id=49218&pubdate=2005-11-30

THE Supreme Court sitting in Bulawayo yesterday dismissed with costs an appeal by MDC MP for Makokoba, Ms Thokozani Khupe, who was challenging a High Court's decision, that holding private meetings constitutes a criminal offence.

In February, Justice Nicholas Ndou declined to grant a declaratory order sought by Ms Khupe that holding private meetings does not constitute a criminal offence.

Justice Ndou had also ordered her to pay the costs of the application.

Through her lawyer, Mr Job Sibanda, of Job Sibanda and Associates, Ms Khupe then filed an appeal against the judge's decision not to grant her the declaratory order.

Ms Khupe cited the police including the Commissioner, Augustine Chihuri and the Attorney-General of Zimbabwe, Mr Sobusa Gula-Ndebele as respondents.

Justice Misheck Cheda sitting with Justices Luke Malaba and Francis Bere as an acting judge of appeal dismissed the application after finding that it had no merit.

Sometime in January this year, following publication of new constituencies and the announcement that parliamentary elections would be held on March 31, Ms Khupe called for a meeting of her constituents at her restaurant along Leopold Takawira Avenue.

More than 80 people attended the meeting and midway through, police invaded the premises. They broke up the meeting and as the organiser and convenor, Ms Khupe was arrested and charged with contravening a section of the Public Order and Security Act.

She is still on remand on the charges. Ms Khupe, who felt that the meeting she had called was a private meeting and was not prescribed under POSA then approached the High Court for a declaratory order, saying what she had done did not constitute a crime.

Please credit www.kubatana.net if you make use of material from this website. This work is licensed under a Creative Commons License unless stated otherwise.

TOP