News / National
NERA loses court challenge on demos
04 Oct 2016 at 19:01hrs | Views
Opposition political parties uniting under the banner National Electoral Reform Agenda (NERA) have lost their legal battle to have section 27 of the Public Order and Security Act (POSA) struck off for being unconstitutional.
Judge President George Chiweshe dismissed the application finding the section in question constitutional.
One of the legal representatives for the applicants, Tendai Biti confirmed in a telephone interview that their court challenge had been dismissed by the judge president.
Biti said their main challenge was that section 27 of POSA, which empowers a police officer to impose a ban on rallies and demonstration for a month was in violation of the supreme law of the land which guarantees such rights.
However, the court found that in a constitutional democracy, it is necessary and justifiable in certain instances for the police to be empowered to ban rallies and demonstrations in particular situations.
Judge President George Chiweshe dismissed the application finding the section in question constitutional.
Biti said their main challenge was that section 27 of POSA, which empowers a police officer to impose a ban on rallies and demonstration for a month was in violation of the supreme law of the land which guarantees such rights.
However, the court found that in a constitutional democracy, it is necessary and justifiable in certain instances for the police to be empowered to ban rallies and demonstrations in particular situations.
Source - ZBC
