No judge to hear MDC rally-ban challenge

No judge to hear MDC rally-ban challenge

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By Staff Reporter

ZIMBABWE's main opposition Movement for Democratic Change (MDC) failed to lodge a court application against the disruption of its weekend rally, as there was no judge available at the Bulawayo High Court, the party’s lawyer said Tuesday.

Josphat Tshuma, a lawyer for MDC said they sought through the court application an order barring the police, who have been breaking up rallies in Harare and Bulawayo, from interferring with their rally in the country’s second largest city.

“First the (court) registrar did not have a stamp and second there was no judge to hear the matter,” said Tshuma, a lawyer for the opposition party's faction led by Arthur Mutambara.

As a result, he added, the party was forced to abandon the court challenge but the MDC is considering mounting a petition against the powers vested in the Minister of Home Affairs, Kembo Mohadi, under the Public Order and Security Act (POSA).

The Act says in the event of police issuing prohibition orders against the holding of rallies -- as they have done in Harare and Chitungwiza -- aggrieved parties should appeal to the minister against the actions of the police.

Section 27 (4) of the Act, which gives Mohadi those powers says: “Any person who is aggrieved by an order given under subsection (1) may appeal against it to the minister, and the minister may confirm, vary or set aside the order.”

Tshuma said the law could be challenged on the grounds that Mohadi, as a government minister, has a vested interest in the issues and as such he cannot adjudicate impartially or independently.

The police have imposed a three-month countrywide ban on rallies following clashes with opposition supporters in Harare. According to human rights groups and analysts, the "informal curfew" is designed to check any public unrest against the government.

"The situation is very tense. If you are not in your home by 9 or 10 in the evening you can be beaten up," alleged John Makumbe, a political analyst based in Harare.

"Even during the day, civilians spotted walking near the government buildings in groups of three or more are asked to disperse by the police."
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