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High Court dismisses application to stop MDC march
18 Aug 2019 at 10:29hrs | Views
The Bulawayo High Court has dismissed a chamber application brought in by a business consortium from Bulawayo seeking an order barring the MDC demonstration set for Monday.
According to Justice Thompson Mabhikwa, the application was overtaken by events since the police had already prohibited the march.
The chamber application had been filed by four organisations namely: Apostolic Christian Council of Zimbabwe, Confederation of Zimbabwe Retailers Association, Bulawayo United Residents Association (BURA), Grain Millers Association of Zimbabwe (GMAZ) and Davis Muhambi, a known Zanu-PF activist.
In case number 1947/19, the four applicants had sought temporary prohibition of the MDC's intended demonstrations.
"The applicants petition for temporary relief as they contend that no adequate security arrangements have been put in place to ensure that the 1st respondent's demonstration /procession will not occasion irreparable harm, grievous inconvenience public endangerment, serious injury, loss of property and loss of business," argued the applicants in their court papers filed by their lawyer Joel Pincus of Konson and Wolhuter Legal practitioners.
The applicants who also cited the officer Commanding Bulawayo District (No) 2 and the police Commissioner –General also accused the MDC of causing violence during the aborted Friday demonstrations in Harare.
"The potentially of the 1st respondent (MDC) ‘s protests turning out violent was affirmed by the demonstration the 1st respondent's supporters carried out on the 16 of August 2019 in Harare. This was in spite of the fact that such a demonstration had been prohibited by the police and such prohibition affirmed by the courts," alleged the applicants in their court papers.
The MDC Alliance was represented by Nqobani Sithole from Ncube Attorneys and instructed by advocate Kucaca Phulu.
After Harare's episode, MDC leader Nelson Chamisa condemned the heavy handedness of the police to disperse protestors.
Despite the brutal clampdown on protesters, Chamisa vowed to go ahead with the other planned demonstrations in Bulawayo on Monday and the other main cities.
According to Justice Thompson Mabhikwa, the application was overtaken by events since the police had already prohibited the march.
The chamber application had been filed by four organisations namely: Apostolic Christian Council of Zimbabwe, Confederation of Zimbabwe Retailers Association, Bulawayo United Residents Association (BURA), Grain Millers Association of Zimbabwe (GMAZ) and Davis Muhambi, a known Zanu-PF activist.
In case number 1947/19, the four applicants had sought temporary prohibition of the MDC's intended demonstrations.
"The applicants petition for temporary relief as they contend that no adequate security arrangements have been put in place to ensure that the 1st respondent's demonstration /procession will not occasion irreparable harm, grievous inconvenience public endangerment, serious injury, loss of property and loss of business," argued the applicants in their court papers filed by their lawyer Joel Pincus of Konson and Wolhuter Legal practitioners.
The applicants who also cited the officer Commanding Bulawayo District (No) 2 and the police Commissioner –General also accused the MDC of causing violence during the aborted Friday demonstrations in Harare.
"The potentially of the 1st respondent (MDC) ‘s protests turning out violent was affirmed by the demonstration the 1st respondent's supporters carried out on the 16 of August 2019 in Harare. This was in spite of the fact that such a demonstration had been prohibited by the police and such prohibition affirmed by the courts," alleged the applicants in their court papers.
The MDC Alliance was represented by Nqobani Sithole from Ncube Attorneys and instructed by advocate Kucaca Phulu.
After Harare's episode, MDC leader Nelson Chamisa condemned the heavy handedness of the police to disperse protestors.
Despite the brutal clampdown on protesters, Chamisa vowed to go ahead with the other planned demonstrations in Bulawayo on Monday and the other main cities.
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