Case histories • The state-controlled newspaper, the Herald, refused to publish in full a communiqué drafted by civil society organisations announcing the establishment of a Civil Society Monitoring Mechanism on the implementation of the GPA. • The state-run Zimpapers, publishers of the Herald (Harare) and the Chronicle (Bulawayo), refused to publish a 12-page MDC-T supplement congratulating President Morgan Tsvangirai on his appointment as Prime Minister. • On 17 March, police arrested the editor of the Chronicle, Brezhnev Malaba, and reporter Nduduzo Tshuma for publishing a story alleging police involvement in a Grain Marketing Board corn scandal. The two were later charged with defamation under the Criminal Law Code in a widely and publicly perceived act of censorship in what was in fact a government-controlled newspaper. • On 11 May, police arrested editors of the weekly Zimbabwe Independent newspaper, Constantine Chimakure and Vincent Kahiya, for publishing a story on 8 May that revealed the role and names of police and intelligence agents involved in the abduction of human rights activists. The two were charged with publishing or communicating a statement with the intention of undermining public confidence in law enforcement agents under the Criminal Law Code. 4.3.3 Violations of freedom of assembly Violation of the right to come together and collectively express and defend common interests as a human right and a civil liberty. Policy POSA restricts freedom of assembly and the right to make informed choices or political expressions although it purports to provide for the maintenance of public order and security. POSA defines a public gathering as a group of two or more people (sections 17 and 19), and requires those in­ tending to hold meetings in a public place to notify the police four days in advance at the latest (section 24), failing which the police might restrict or prohibit the meeting (sections 25 and 26), and are entitled to shoot to kill if there is resistance (section 29). In Part II, sections 12, 15 and 16, POSA states that it is illegal to engage in activities that might cause disaffection among police officers or members of the defence forces, or communicate a statement that promotes disrespect for the President or institutions of government. In recognition of these limitations to freedom of associ­ation, the GPA, in article 12 on the freedoms of assembly and association, stated: 12.1 Recognising the importance of the freedoms of assembly and association in a multi-party democracy and noting that public meetings have to be conducted in a free, peaceful and democratic manner in accordance with the law, the Parties have agreed:(a) to work together in a manner which guarantees the full implementation and realisation of the right to freedom of association and assembly; and (b) that the Government shall undertake training programmes, workshops and meetings for the police and other enforcement agencies directed at the appreciation of the right of freedom of assembly and association and the proper interpretation, understanding and application of the provisions of security legislation. 18 Zimbabwe Human Rights Report – 2009