44 Election dispute resolution mechanisms against members of the MDC and other HRDs persists. Pro-democracy CSOs have also been targeted. The most recent cases of selective application of the law against MDC is the case of State v Tsunga and Ors, wherein the police arrested an MDC-T candidate together with his supporters for carrying out a door to door campaign in Mutare. 3.5.1 Regulation of Public Gatherings and Meetings 3.5.1.1 Notice for gatherings or meetings In certain instances and for certain groups, POSA requires anyone who wishes to hold a public gathering to notify the police beforehand so that they can make arrangements if necessary to preserve public order.57 The ZRP, however, have consistently misinterpreted, and continue to misinterpret, this provision to mean that gatherings can only take place when they give permission for them to go ahead.58 They also have exhibited a pattern over time of barring gatherings on spurious grounds that are not laid out in the statute. A “public meeting” or gathering for which notice must be provided to the police must be composed of more than 15 people in a public place or a meeting which the public or any section of the public is permitted to attend, whether on payment or otherwise.59 Interpretation of this provision by the police has been problematic as shown below under exemptions section: 3.5.1.2 Gatherings exempt from notification As the country heads for another election, ZLHR notes that police continue to break up internal meetings of opposition political parties, claiming that the meetings contravene POSA. This conduct has violated the right to freedom of assembly and association.60 This is despite the fact that POSA specifically excludes from its ambit a meeting of an organ or structure of a political party or other organisation held in a private place.61 This means that political parties or other organisations may hold such meetings without notifying the police and the police may not interfere with such meetings by invoking POSA. Private meetings convened by CSOs have similarly been gate-crashed, or purportedly banned with police alleging that no “clearance” has been obtained. Some of the cases include the case of the International Socialist Organisation meeting that resulted in 46 labour activists being arrested. HRDs were also arrested for holding private academic meetings.62 This was contained in section 24 of Public Order and Security Act, which has now been replaced. See decision against the police in the case of ZCTU v Officer in Charge Kwekwe Police and Ors High Court Bulawayo unreported judgment no. 90/2010. 59 This helps to ensure that small meetings will not be arbitrarily dispersed. 60 See case of State v Kimberly Bhebhe and 12 Ors unreported Beitbridge Magistrate CRB BB308 A-M/12. 61 Section 24 of the Public Order and Security Act. 62 F Nleya “Gwisai arrested for plotting another Egypt” Newsday (21 February 2013) p 1. 57 58