thrust of the demonstrators’ demands was that they wanted a young leader, Mr.
Nelson Chamisa.
The evidence presented to the Commission shows that the demonstrators were
supporters of the MDC Alliance. Many of them were wearing MDC Alliance colours.
The placards and slogans repeated words that were previously uttered at MDC
Alliance campaign rallies.
In terms of section 58 of the Constitution of the Republic of Zimbabwe, everyone
has the right to freedom of assembly and association, and the right not to assemble
or associate with others. Section 59 of the Constitution also provides the right for
everyone to demonstrate and present petitions peacefully. In so exercising these
rights, regard must be taken not to infringe the enjoyment of rights by other
people as guaranteed in the Bill of Rights hence the general limitation clause under
section 86 of the Constitution.
As noted above, the Commission heard evidence that in violation of these rights,
the protestors destroyed and damaged property; they forced people to join them
and others were forced to close their businesses. The protestors also threw stones
at buildings, people, the Police and the Army.
3.7.
Political Parties
The Electoral Act imposes various responsibilities and obligations on every political
Party which is contesting an election. Section 133G of the Electoral Act provides
for the responsibilities of political parties and candidates. By virtue of that section,
every office-bearer of a political party that is contesting an election, and every
candidate or agent shall take all appropriate measures to prevent politicallymotivated violence. Political parties can be held liable for the indiscipline of their
members before, during and after the election period.
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