A copy of a draft peace order issued by the Magistrate’s Court to bar MDC Alliance members from entering into Harvest House is making rounds on social media.
The Movement for Democratic Change Tsvangirai and Morgen Komichi, in that order, are cited as 1st and 2nd applicants while Charlton Hwende, the Movement for Democratic Change Alliance and officer Commanding ZRP Harare District were cited as 1st, 2nd and 3rd respondents, respectively.
Meanwhile, some allege that MDC-T Secretary General, Douglas Mwonzora used a fake stamp since a “Magistrate has no power to issue this interdict.”
Reads the draft order:
WHEREUPON, after reading documents filed of record;
IT IS ORDERED:-That a Rule Nisi be and is hereby granted calling upon the 1st, 2nd and 3rd Respondents, to show cause, if any, to this court on the 9th day of June 2020 at I11:15 am or soon thereafter as parties can be heard, why the following order should be made:
FINAL ORDER SOUGHT
1. The application be and is hereby granted.
2. 1st and 2nd Respondents and all those persons claiming through them be and are hereby permanently interdicted from disturbing Applicants’ peaceful and undisturbed use and possession of Morgan Richard Tsvangirai House, No. 44 Nelson Mandela Avenue, Harare.
3. 1st and 2nd Respondents pay the costs of this application.
INTERIM RELIEF GRANTED
1. The 1st Respondent and members of the 2nd Respondent be and are hereby interdicted from coming to Applicant’s premises at No. 44 Nelson Mandela Avenue, Harare.
2, 1st and 2nd Respondents be and are hereby ordered not to harass, assault or commit any acts of violence against is’ Applicant’s members or the ed Applicant in any manner likely to lead to breach of peace.
3. The 1st and 2nd Respondents be and are hereby ordered not to take possession of the ie Applicant’s premises without a valid court order.
4. 3rd Respondent be and is hereby ordered to use all the necessary means to maintain law and order at the 1st Applicant’s premises and to enforce the provisions of this order.
BY THE MAGISTRATE
CLERK OF COURT