Supreme Court shoots down Posa challenge

Supreme Court shoots down Posa challenge

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By Lebo Nkatazo

THE Supreme Court has upheld aspects of the draconian Pubic Order and Security Act (POSA) that were being challenged by MDC Makokoba MP, Thokozani Khupe.

Sitting in Bulawayo on Tuesday, appeal judges Misheck Cheda, Luke Malaba and Francis Bere dismissed the legislator’s appeal that sought an order declaring that holding private meetings does not constitute a crime.

The judges are yet to give reasons for the dismissal.

In February this year, Khupe lost the case in the High Court which was triggered by her arrest together with 80 others after holding a private meeting at her restaurant in Bulawayo.

Using their own interpretations, the Zimbabwean police require that people holding public meetings which are in essence political must first seek clearance, but in recent years they have also swooped on politicians holding private meetings within their premises.

Khupe’s lawyer Job Sibanda described the ruling as an "unfortunate judgment" as it was necessary for the police to differentiate public and private meetings so that the law enforcement agents do not arrest people "wily nilly".

"The police should differentiate between public and private meetings so that they do not arrest people who have not contravened the law. It is unfortunate that the order has not been granted because the police will continue arresting people wily nilly," said Sibanda.
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