News / National
BREAKING: MDC Bulawayo demonstration stopped
18 Aug 2019 at 06:41hrs | Views
A section of Bulawayo business community has filed an urgent chamber application at the High Court of Zimbabwe pleading with the court to ban the MDC demonstration planned for Bulawayo tomorrow.
The Applicants in the matter are Confederation of Zimbabwe Retailers Association, Bulawayo united Residents Association, ACCZ, Davis Muhambi and Grain Millers Association of Zimbabwe.
The application comes at a time when the High Court in Harare blocked a similar demonstration that was citing to take place in Harare CBD on Friday.
Find the heads of the argument below:
ZIMBABWEHC19
HELD AT BULAWAYO
In the matter between:
CONFEDERATION OF ZIMBABWE
RETAILER'S ASSOCIATION1st APPLICANT
BULAWAYO UNITED RESIDENTS ASSOCIATION 2nd APPLICANT
APOSTOLIC CHRISTIAN COUNCIL OF ZIMBABWE3rd APPLICANT
GRAIN MILLERS ASSOCIATION OF ZIMBABWE4th APPLICANT
DAVIS MUHAMBI5th APPLICANT
&
MOVEMENT FOR DEMOCRATIC CHANGE ALLIANCE 1st RESPONDENT
OFFICER COMMANDING BULAWAYO DISTRICT [N.O] 2nd RESPONDENT
THE COMMISSIONER GENERAL ZIMBABWE 3rd RESPONDENT
REPUBLIC POLICE [N.O]
SUPPORTING AFFIDAVIT
I, Masimba Dzomba do hereby take oath and swear that;
1. I am the 4th Applicant's Deputy National Chairperson who is duly authorised to depose this Affidavit; attached as proof thereof as Annexure "E". As a member of the Applicant's National Executive Committee, I have intimate knowledge of the facts pertaining to this matter and can depose to the veracity of the same.
2. The 4th Applicant is a universitas capable of suing and being sued in its name. The 4th Applicant is apolitical, commercial, private members and an apex representative body of the grain milling industry, comprising of registered corporate members who are in the business of milling and processing maize, wheat, sugar beans, rice and salt into final products such as maize meal, bread flour, prepacked sugar bean and rice. These products constitute basic food commodities and are compulsory requirements for each and every household in Zimbabwe in order to attain food security.
3. I have read the Founding Affidavit filed on behalf of the Applicants. The 4th Applicant and fully associates with averments therein as well as the relief sought.
4. The members of the 4TH Applicant with operations in Bulawayo have suffered, together with the rest of business community, irreparably harm and loss in the past "Stay Away" and "Demonstrations." In the January demonstrations, for example, stock of the products produced by 4th Applicant's members worth more than USD1,000,000.00 that was in the various retail shops (ZWD10,000,000.00 current value), 70% of that stocks were supplied on credit or consignment basis, were looted.
5. It must be noted, from the narrative we are picking from both mainstream and social media, 1st Respondent is citing, inter alia, the increase in prices of basic commodities including the goods produced by members of 4th Applicant as one of the grievances precipitating the demonstration. We are, therefore, under reasonable apprehension that the mobilised crowds, as occurred before, will loot our members's products. Regardless of who convened the January demonstrations, the crowds that will attend this one will be the same. The character of violence during demonstrations is now emboldened in our citizenry. It will be foolhardy to think that the crowd that will participate in the forthcoming demonstration organised by 1st Respondent will act differently and behave peaceful.
6. It is uncontroverted that 1st Respondent has a constitutional right to protest and demonstrate as enshrined and cointained in section 59. However, in view of the ugly incidents of the past alluded to above, the venue of that demonstration must not be within the residence of business. 1st Respondent can still go and congregant its supporters far, far away from business district , proceed to transact its business and beam their message to the rest of the world. In other jurisdictions, governments designate certain areas for such demonstrations so that the rights of others are not violated.
7. Further and more importantly, damages arising from these demonstrations are uninsured and are uninsurable. No protection mechanism or compensation fund has been put in place by 1st Respondent to remedy or restitution affected businesses. 4TH Applicant is under reasonable fear that its members' goods and properties will be damaged.
THUS SWORN TO AT BULAWAYO THIS …………… DAY OF AUGUST 2019
______________
Masimba Dzomba
BEFORE ME
______________
COMMISSIONER OF OATHS
The Applicants in the matter are Confederation of Zimbabwe Retailers Association, Bulawayo united Residents Association, ACCZ, Davis Muhambi and Grain Millers Association of Zimbabwe.
The application comes at a time when the High Court in Harare blocked a similar demonstration that was citing to take place in Harare CBD on Friday.
The order was granted after the police defended the stay of a prohibition order that they had issued against the demonstrations.The Business Community of BULAWAYO have made an Urgent Chamber Application to the High Court to suspend the destructive @mdczimbabwe demos.
— ZANU PF (@ZANUPF_Official) August 18, 2019
As @zanupf_patriots establishes pic.twitter.com/TZpzcjQ9EM
Find the heads of the argument below:
ZIMBABWEHC19
HELD AT BULAWAYO
In the matter between:
CONFEDERATION OF ZIMBABWE
RETAILER'S ASSOCIATION1st APPLICANT
BULAWAYO UNITED RESIDENTS ASSOCIATION 2nd APPLICANT
APOSTOLIC CHRISTIAN COUNCIL OF ZIMBABWE3rd APPLICANT
GRAIN MILLERS ASSOCIATION OF ZIMBABWE4th APPLICANT
DAVIS MUHAMBI5th APPLICANT
&
MOVEMENT FOR DEMOCRATIC CHANGE ALLIANCE 1st RESPONDENT
OFFICER COMMANDING BULAWAYO DISTRICT [N.O] 2nd RESPONDENT
THE COMMISSIONER GENERAL ZIMBABWE 3rd RESPONDENT
REPUBLIC POLICE [N.O]
SUPPORTING AFFIDAVIT
I, Masimba Dzomba do hereby take oath and swear that;
1. I am the 4th Applicant's Deputy National Chairperson who is duly authorised to depose this Affidavit; attached as proof thereof as Annexure "E". As a member of the Applicant's National Executive Committee, I have intimate knowledge of the facts pertaining to this matter and can depose to the veracity of the same.
2. The 4th Applicant is a universitas capable of suing and being sued in its name. The 4th Applicant is apolitical, commercial, private members and an apex representative body of the grain milling industry, comprising of registered corporate members who are in the business of milling and processing maize, wheat, sugar beans, rice and salt into final products such as maize meal, bread flour, prepacked sugar bean and rice. These products constitute basic food commodities and are compulsory requirements for each and every household in Zimbabwe in order to attain food security.
3. I have read the Founding Affidavit filed on behalf of the Applicants. The 4th Applicant and fully associates with averments therein as well as the relief sought.
4. The members of the 4TH Applicant with operations in Bulawayo have suffered, together with the rest of business community, irreparably harm and loss in the past "Stay Away" and "Demonstrations." In the January demonstrations, for example, stock of the products produced by 4th Applicant's members worth more than USD1,000,000.00 that was in the various retail shops (ZWD10,000,000.00 current value), 70% of that stocks were supplied on credit or consignment basis, were looted.
5. It must be noted, from the narrative we are picking from both mainstream and social media, 1st Respondent is citing, inter alia, the increase in prices of basic commodities including the goods produced by members of 4th Applicant as one of the grievances precipitating the demonstration. We are, therefore, under reasonable apprehension that the mobilised crowds, as occurred before, will loot our members's products. Regardless of who convened the January demonstrations, the crowds that will attend this one will be the same. The character of violence during demonstrations is now emboldened in our citizenry. It will be foolhardy to think that the crowd that will participate in the forthcoming demonstration organised by 1st Respondent will act differently and behave peaceful.
6. It is uncontroverted that 1st Respondent has a constitutional right to protest and demonstrate as enshrined and cointained in section 59. However, in view of the ugly incidents of the past alluded to above, the venue of that demonstration must not be within the residence of business. 1st Respondent can still go and congregant its supporters far, far away from business district , proceed to transact its business and beam their message to the rest of the world. In other jurisdictions, governments designate certain areas for such demonstrations so that the rights of others are not violated.
7. Further and more importantly, damages arising from these demonstrations are uninsured and are uninsurable. No protection mechanism or compensation fund has been put in place by 1st Respondent to remedy or restitution affected businesses. 4TH Applicant is under reasonable fear that its members' goods and properties will be damaged.
THUS SWORN TO AT BULAWAYO THIS …………… DAY OF AUGUST 2019
______________
Masimba Dzomba
BEFORE ME
______________
COMMISSIONER OF OATHS
Source - Byo24News
