Judgment No. CCZ 9/18
Civil Appeal No. CCZ 5/18
Ten days prior to the handing down of the High Court judgment, on
13 September 2016 to be precise, the first respondent had published in the Government Gazette
and in one newspaper enjoying national circulation, a notice proposing to ban, for a period of
one month, processions and demonstrations within the Harare Central Police District. On
16 September, he had proceeded to publish the Notice and Proclamation banning all
processions and demonstrations in the Harare Central Police District for a period of one month.
The applicants returned to the High Court on yet another certificate of urgency,
seeking the suspension of the Notice and Proclamation and now also praying for the provisional
order granted on 23 September 2016 to be set down on an urgent basis for its confirmation or
discharge.
Another applicant, who is not a party to the application before this Court, also
approached the court separately but similarly challenging the Notice and Proclamation and
seeking similar relief.
Both applications were opposed.
The hearings of the two applications and the return day of the provisional order
granted on 23 September 2016 were consolidated. At the hearing of the consolidated matters,
the High Court, firstly, considered whether or not s 27 of POSA was constitutional, which it
found to be, before proceeding to uphold the validity of the Notice and Proclamation. As a
consequence, it dismissed the applications.
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