police powers to disperse disorderly or potentially disorderly gatherings are defined, which was not the case previously.69 Yet these amendments to POSA have in reality failed to improve the political environment as the police continue to selectively use the law to prevent opposition meetings and rallies. For example, on January 23, 2008, police prevented hundreds of members of the Tsvangirai-led faction of the MDC from carrying out a “freedom march” for a new constitution even though the party had notified the police in accordance with the new amendments.70 Police initially sanctioned the march but later withdrew permission, arguing that they had evidence the march would be violent.71 The MDC appealed to the magistrate’s court in Harare as provided for in the amendments to POSA, but the magistrate upheld the police decision and instead ordered the MDC to hold a rally and not a march. In reaction to attempts by MDC supporters to continue their march in defiance of the order, police used teargas and beat the supporters with batons. Lawyers informed Human Rights Watch that the amendments to POSA are unlikely to open up the space for the opposition to campaign, as has been widely claimed by the government. Incidents documented by Human Rights Watch and local organizations such as Zimbabwe Lawyers for Human Rights (ZLHR) indicate that either the police and the judiciary have yet to familiarize themselves with the amendments to POSA, or are deliberately misinterpreting the law to prevent demonstrations from taking place. Irene Petras, the director of ZLHR, informed Human Rights Watch that two MDC freedom marches in Mutare could not take place in January when the police issued prohibition orders. Despite appeals, the Mutare magistrate’s court decided to allow the party to congregate but not to march through the town.72 69 The 2007 POSA amendments introduce a prohibition on gatherings near parliament, courts, and protected places (as declared in terms of the Protected areas and Places Act (Chapter 11:12). 70 Human Rights Watch interview with Nelson Chamisa, February 21, 2008. 71 Statement by Zimbabwe Lawyers for Human Rights, January 23, 2008. 72 Human Rights Watch interview with Irene Petras, director, Zimbabwe Lawyers for Human Rights, Harare, February 6, 2008. All Over Again 28