The Constitutional Court ruled that section 27 of the Public Order and Security Act (Posa), which prohibits demonstrations without clearance from the Zimbabwe Republic Police (ZRP), is unconstitutional saying the piece of legislation is open to abuse by State machinery.
Justice Rita Makarau handed down the judgment yesterday in concurrence with the full ConCourt bench following an application by the Democratic Assembly for Restoration and Empowerment (Dare), National Vendors’ Union of Zimbabwe (Navuz) chairperson Stendrick Zvorwadza, Combined Harare Residents’ Association (CHRA) and National Election Reform Agenda (Nera) in May this year. Said Makarau:
In addition to failing to pass the test on fairness, necessity and reasonableness, there is another feature of section 27 of Posa that I find disturbing. It has no time frame or limitation as to the number of times the regulating authority can invoke the powers granted to him or her under the section. Thus, a despotic regulating authority could lawfully invoke these powers without end. This could be achieved by publishing notices prohibiting demonstrations back-to-back as long as each time the period of the ban is for one month or less. It, thus, has the potential of negating or nullifying the rights not only completely, but perpetually.
More: NewsDay
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