News / National
Protest hearing postponed to September 27
19 Sep 2016 at 15:08hrs | Views
HIGH Court Judge President George Chiweshe on Monday postponed the hearing of two urgent chamber applications seeking to set aside a proclamation by Zimbabwe Republic Police (ZRP) to ban marches and demonstrations in Harare Central District to 27 September 2016.
The two matters were filed as urgent applications on 16 September 2016 by ZLHR lawyers Tendai Biti and Dzimbabwe Chimbga on behalf of Zimbabwe Divine Destiny – a church and Democratic Assembly for Restoration and Empowerment (DARE), National Electoral Reform Agenda (NERA), Combined Harare Residents Association (CHRA) and Stendrick Zvorwadza (a political party, civic organisations and a citizen respectively).
Zimbabwe Lawyers for Human Rights during the hearing, the Judge said the case required the filing of heads of argument and canvassing of issues before the hearing.
"He directed that the applicant's heads of argument be submitted on 21 September while the Respondents heads of the argument are to be submitted on 23 September 2016. Oral Hearing will be on 27 September 2016 while judgement has been set down for 30 September 2016," ZLHR said.
"The applicants want the High Court to set aside the Government Notice
No. 239 A of 2016 by Zimbabwe Republic Police (ZRP) Chief Superintendent Newbert Saunyama as it restricts the right to demonstrate as guaranteed in the Constitution of Zimbabwe. All applicants intend to hold demonstrations in the coming weeks."
ZLHR lawyers will argue that the ban is unconstitutional as it is not proportional and does not comply with the principles of natural justice. Further, the proclamation breaches Section 58, 59, 60, 61,66 (2) 67 (2), 68 of the Constitution as well as provisions of the Administration of Justice Act.
"This application comes after Justice Priscilla Chigumba on 7 September 2016 declared as unconstitutional S1 101A of 2016 gazetted on 1 September 2016 banning protests in Harare for a period of two weeks," ZLHR said.
The two matters were filed as urgent applications on 16 September 2016 by ZLHR lawyers Tendai Biti and Dzimbabwe Chimbga on behalf of Zimbabwe Divine Destiny – a church and Democratic Assembly for Restoration and Empowerment (DARE), National Electoral Reform Agenda (NERA), Combined Harare Residents Association (CHRA) and Stendrick Zvorwadza (a political party, civic organisations and a citizen respectively).
Zimbabwe Lawyers for Human Rights during the hearing, the Judge said the case required the filing of heads of argument and canvassing of issues before the hearing.
"He directed that the applicant's heads of argument be submitted on 21 September while the Respondents heads of the argument are to be submitted on 23 September 2016. Oral Hearing will be on 27 September 2016 while judgement has been set down for 30 September 2016," ZLHR said.
"The applicants want the High Court to set aside the Government Notice
No. 239 A of 2016 by Zimbabwe Republic Police (ZRP) Chief Superintendent Newbert Saunyama as it restricts the right to demonstrate as guaranteed in the Constitution of Zimbabwe. All applicants intend to hold demonstrations in the coming weeks."
ZLHR lawyers will argue that the ban is unconstitutional as it is not proportional and does not comply with the principles of natural justice. Further, the proclamation breaches Section 58, 59, 60, 61,66 (2) 67 (2), 68 of the Constitution as well as provisions of the Administration of Justice Act.
"This application comes after Justice Priscilla Chigumba on 7 September 2016 declared as unconstitutional S1 101A of 2016 gazetted on 1 September 2016 banning protests in Harare for a period of two weeks," ZLHR said.
Source - Byo24News
