News / National
High Court to make a ruling on Dzamara march
08 Mar 2016 at 01:23hrs | Views
HIGH Court Judge Justice Clement Phiri will on Tuesday 08 March 2016 hear an urgent chamber application filed by the family of missing pro-democracy activist Itai Dzamara seeking an order to interdict the Zimbabwe Republic Police (ZRP) from interfering with a march scheduled for Wednesday 09 March 2016 to mark one year since the freelance journalist was abducted and disappeared.
Zimbabwe Lawyers for Human Rights stated that the Dzamara family had on Friday 19 February 2016 notified the ZRP of the planned religious march scheduled for Wednesday 09 March 2016 and stated that they were exempted from giving notice to the ZRP in terms of the provisions of the Public Order and Security Act (POSA) but only notified the law enforcements agents because they acknowledge their important security role in the society.
"But on Thursday 03 March 2016, Chief Superintendent Newbert Saunyama, the ZRP Officer Commanding Harare Central District and some members of the Joint Operations Command (JOC) advised the Dzamara family that their notice to hold the peaceful procession to mark one year of the disappearance of the pro-democracy activist did not comply with the provisions of POSA and hence they could not proceed with the march," said ZLHR.
"In an urgent chamber application filed by Zimbabwe Lawyers for Human Rights at the High Court on Sunday 06 March 2016, Patson Dzamara, a brother to the missing human rights activist argued that Saunyama and his JOC members had no justifiable excuse or reasonable cause to deny his family authority to hold the peaceful religious march as a way of registering the family's disgruntlement with the continued disappearance of his brother."
ZLHR said Patson argued that it is not in Saunyama's purview to suggest ways on how the Dzamara family and Itai's friends should exercise their right to march and petition. He indicated that the Dzamara family had notified the ZRP so that they could provide the necessary police personnel if it so wished.
"Apart from Saunyama, Home Affairs Minister Ignatius Chombo, Police Commissioner-General Augustine Chihuri were listed as respondents to the application," said ZLHR.
"Dzamara stated that the JOC members who sat with Saunyama during the meeting held on Thursday 03 March 2016 are not part of the police regulating authority as contemplated by Section 25 of POSA and the presence of these unidentified members during the meeting is ample evidence to the Dzamara family that the Officer Commanding Harare Central District had some ulterior motives as he sat during the meeting with members who are not part of the powers that are conferred to him by POSA."
The organisation said Dzamara argued that by blocking his family from staging the march, would violate the family's entitlement to freedom to demonstrate and petition which is provided for under Section 59 of the Constitution.
"Itai went missing on 09 March, 2015 after he was abducted by some unidentified men from a barber shop in Harare's Glenview high density suburb," ZLHR said.
Zimbabwe Lawyers for Human Rights stated that the Dzamara family had on Friday 19 February 2016 notified the ZRP of the planned religious march scheduled for Wednesday 09 March 2016 and stated that they were exempted from giving notice to the ZRP in terms of the provisions of the Public Order and Security Act (POSA) but only notified the law enforcements agents because they acknowledge their important security role in the society.
"But on Thursday 03 March 2016, Chief Superintendent Newbert Saunyama, the ZRP Officer Commanding Harare Central District and some members of the Joint Operations Command (JOC) advised the Dzamara family that their notice to hold the peaceful procession to mark one year of the disappearance of the pro-democracy activist did not comply with the provisions of POSA and hence they could not proceed with the march," said ZLHR.
"In an urgent chamber application filed by Zimbabwe Lawyers for Human Rights at the High Court on Sunday 06 March 2016, Patson Dzamara, a brother to the missing human rights activist argued that Saunyama and his JOC members had no justifiable excuse or reasonable cause to deny his family authority to hold the peaceful religious march as a way of registering the family's disgruntlement with the continued disappearance of his brother."
ZLHR said Patson argued that it is not in Saunyama's purview to suggest ways on how the Dzamara family and Itai's friends should exercise their right to march and petition. He indicated that the Dzamara family had notified the ZRP so that they could provide the necessary police personnel if it so wished.
"Apart from Saunyama, Home Affairs Minister Ignatius Chombo, Police Commissioner-General Augustine Chihuri were listed as respondents to the application," said ZLHR.
"Dzamara stated that the JOC members who sat with Saunyama during the meeting held on Thursday 03 March 2016 are not part of the police regulating authority as contemplated by Section 25 of POSA and the presence of these unidentified members during the meeting is ample evidence to the Dzamara family that the Officer Commanding Harare Central District had some ulterior motives as he sat during the meeting with members who are not part of the powers that are conferred to him by POSA."
The organisation said Dzamara argued that by blocking his family from staging the march, would violate the family's entitlement to freedom to demonstrate and petition which is provided for under Section 59 of the Constitution.
"Itai went missing on 09 March, 2015 after he was abducted by some unidentified men from a barber shop in Harare's Glenview high density suburb," ZLHR said.
Source - Byo24News
