272. A Deputy Attorney-General explained that trade union meetings did not require permission
from the police, in comparison with protests and marches outside trade union premises in
public places, for which permission should be sought. The Ombudsperson noted that not all
marchers were trade unionists and pointed out the State’s obligation to ensure security. 163 In
relation to the alleged excessive violence when policing demonstrations, the Co-Ministers of
Home Affairs emphasized that Zimbabwe had a well-trained police force and, if anything,
problems were not the fault of the police but of the “political order” in the country. They
welcomed ILO support for further training, noting that police officers currently received
training in the policing of demonstrations and civil liberties. 164 The Ombudsperson indicated
that the Government would not refuse ILO technical assistance to teach workers how to
conduct demonstrations and the police in how to deal with demonstrations. 165
273. The Attorney-General said that a recent amendment to the POSA moved the onus onto the
authority to show cause why a gathering should not go ahead. 166 The Ombudsperson advised
that trade unions should appeal to the High Court against police decisions not to allow trade
union demonstrations. This would require unions to file requests to the police sufficiently in
advance of the proposed event. 167
274. The Co-Ministers of Home Affairs, responsible for the POSA, noted that since the
establishment of the inclusive Government they had clarified through the press the legal
procedure to be followed if people wanted to express themselves through demonstration. The
Permanent Secretary stated that the problem with the POSA was that it was not sufficiently
understood; the police must be informed of a demonstration rather than permission being
sought, as the duty of the police was to protect both demonstrators and the general public.
With regard to the suggestion that the POSA be repealed or modified, a Co-Minister
considered that the POSA should stay, but perhaps not in its present form. He explained that
steps were being taken to modify the law to give people more space and freedom, indicating
that new draft legislation would be presented to Parliament when it reconvened. 168
275. One of the two factions of the ZFTU indicated that they had no problems in relation to police
permission for demonstrations and gatherings. Unlike the ZCTU, they chose to shift their
demonstrations to grounds outside Harare, as indicated by the police, and so their events were
able to proceed without problems. 169
A.
The socio-economic component of events
276. During the past ten years, in the context of the economic crisis in Zimbabwe, the ZCTU
voiced demands of a social and economic nature through its activities. For example, the ZCTU
163
Meeting with the Ombudsperson, 21 Aug. 2009, Harare.
164
Meetings with the Co-Ministers of Home Affairs, 22 May 2009 and 17 Aug. 2009, Harare.
165
Meeting with the Ombudsperson, 21 Aug. 2009, Harare.
166
Meeting with the Attorney-General, 20 Aug. 2009, Harare.
167
Meeting with the Ombudsperson, 21 Aug. 2009, Harare.
168
Meetings with the Co-Ministers of Home Affairs, 22 May 2009 and 17 Aug. 2009, Harare. This
was confirmed by a number of other ministers, including the Prime Minister, in meetings in Harare
in August 2009.
169
Meeting with one faction of the ZFTU, 13 Aug. 2009, Harare.
Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3
77
Select target paragraph3
Add to table of contents