Judgment No. CCZ 9/18
Civil Appeal No. CCZ 5/18
REPORTABLE
(54)
(1)
DEMOCRATIC ASSEMBLY FOR RESTORATION AND
EMPOWERMENT (2) STENDRICK ZVORWADZA
(2)
COMBINED HARARE RESIDENTS ASSOCIATION (4)
NATIONAL ELECTION REFORM AGENDA
v
(1)
NEWBERT SAUNYAMA N.O. (2) COMMISSIONER
GENERAL OF POLICE (3) THE MINISTER OF HOME
AFFAIRS (4) THE ATTORNEY GENERAL OF ZIMBABWE
CONSTITUTIONAL COURT OF ZIMBABWE
MALABA CJ, GWAUNZA DCJ, GARWE JCC,
MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC,
PATEL JCC, GUVAVA JCC & BHUNU JCC:
HARARE: 23 MAY 2018 AND 17 OCTOBER 2018
T. Biti, for applicants
O. Zvedi, for respondents
MAKARAU JCC:
INTRODUCTION
On 4 July 2017, the Supreme Court acting in terms of s 175(4) of the Constitution
referred a constitutional matter to this Court. The essence of its order is to seek from this Court
an answer to the question whether or not s 27 of the Public Order and Security Act
[Chapter 7.11], (POSA) is constitutional.
THE FACTUAL BACKGROUND
The facts giving rise to the constitutional matter are common cause. I set them out
hereunder.
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