NON-COMPLIANCE Article XII, as already noted, recognises freedom of assembly and association, a right police officers and law enforcement agencies have yet to appreciate. The reality on the ground is that there is no compliance. In fact, the police continue to invoke repressive legislation like POSA, AIPPA and the Criminal Code to arbitrarily impose bans on political and civic organisations’ gatherings, and demonstrations, as well as to interrupt and disperse them. Such interruptions are often accompanied by unfounded arrests and detentions in clear breach of GPA. For example, a meeting organised by the Plumtree Legal Advice Centre (LRF) in collaboration with the NGO Forum, on transitional justice, failed to take off on the 5th of February in Plumtree town because the police refused to clear it. On 21st March 2010, two Bulawayo Agenda Programme Officers in Nkayi were arrested for not obtaining police clearance for a meeting. Nkabazwe Community radio initiative, based in Gweru, was on 19 May denied police clearance to hold a road show scheduled for 22 May 2010 for ‘security reasons’. Students have also continued to bear the brunt of state sponsored acts of violence and human rights abuses. On 14th January, police in Bindura arrested 25 students from the Bindura University for holding a demonstration over exorbitant tuition fees. Again, on the 19th January, 2 student activists at the National University of Science and Technology (NUST) were arrested and severely beaten up by police in Bulawayo being accused of trying to incite violence. Another 4 students were also arrested in March 2010, and only got bail on 31 March 2010. Their charge was participating in a gathering with intent to promote public violence, breaches of the peace or bigotry under the Criminal Law Code. In addition to the over-zealousness of the police, the inhumane and degrading conditions at police cells have been widely reported, yet complaints being made by those arrested in court are not being investigated, which deprives them of the protection of the law. Reports were also received pointing again to the fact that repressive legislation; POSA and the Criminal Code have continued to be used against the MDC to deny it operating space. Incidents were reported of police refusal to clear MDC rallies and where these then proceeded without such clearance, either the organisers or those who would have addressed such rallies were subsequently arrested. For example, MDC–T Senator, Morgan Komichi was arrested in January after addressing a rally at Chiwaridzo Shopping Centre in Bindura and charged for undermining the authority of, or insulting, President Robert Mugabe when he addressed the rally. MDC-T Eliah Jembere and another party official were arrested on the same charge as Senator Morgan Komichi while addressing an ‘unsanctioned’ rally in Shamva.41 The MDC–T’s constitutional awareness meetings were reportedly banned by ZANU PF activists in Maramba Pfungwe.42 Former St Mary’s MP, Job Sikhala, was arrested alongside two other officials from the MDC–99 by the police and charged under POSA for launching his party on the 8th of May without police clearance for the meeting. The continued banning of MDC-T rallies and meetings is not only a breach of the article on freedom of association and assembly but also such action is in contravention of Article X of GPA which recognises the right to canvas and freely mobilise for political support.  The Standard, 6 June 2010. 41  Studio 7, 14 June 2010. 42 CIVIL SOCIETY MONITORING MECHANISM (CISOMM) SIX MONTH SHADOW REPORT ON THE PERFORMANCE OF THE INCLUSIVE OF ZIMBABWE 38