Democratic Assembly for Restoration and Empowerment (DARE) & Ors v The Commissioner of Police & Ors; Zimbabwe Divine Destiny v Sauyama & Ors HH-589-2016. In this case the judge set aside the interim order by Chigumba J. The matter then came before Judge President with the applicants seeking a final order setting aside the police banning order. The issue with which the court had to decide was whether section 27 of the Public Order and Security Act violated sections 58, 59, 60, 61, 62 and 67(2) of the Constitution. More specifically the issue was whether the power of the police to ban demonstrations in a district for up to one month was unconstitutional on the basis that it violated the right to engage in peaceful protest action guaranteed by section 59 of the Constitution. The second issue was whether the derogations from the right to protest fell within the permissible limitations provided for in section 86 of the Constitution. The starting point, as the court pointed out, was section 2 of the Constitution which provides that the Constitution is the supreme law of the country and any law that is inconsistent with the Constitution is invalid to the extent of the inconsistency. It is laid down in section 46(1) of the Constitution that in interpreting the provisions of the Declaration of Rights a court must give full effect to the rights and freedoms that are enshrined in the Declaration of Rights and must promote the values and principles that underlie a democratic society based on openness, justice, human dignity, equality and freedom, and in particular the values and principles set out in section 3. Chiweshe JP acknowledged that in interpreting constitutional provisions the court must employ a purposive and generous rather than a pedantic and restrictive interpretation. He later referred to the Canadian case of R v Big M Drug Mart Ltd 1958 1 SCR 295 where it was stated that the interpretation of a constitutional freedom: “… should be a generous rather than a legalistic one, aiming at fulfilling the purpose of the guarantee and securing for individuals the full benefit of the Charter’s protection.” The judge might usefully also have quoted this dictum from the case of Rattigan & Ors v Chief Immigration Officer & Ors 1994 (2) ZLR 54 (S) at 57 F-H where the Court held: “This Court has on several occasions in the past pronounced upon the proper approach to constitutional construction embodying fundamental rights and protections. What is to be avoided is the imparting of a narrow, artificial, rigid and pedantic interpretation; to be preferred is one which serves the interest of the Constitution and best carries out its objects and promotes its purpose. All relevant provisions are to be considered as a whole and where rights and freedoms are conferred on persons, derogations therefrom, as far as the language permits, should be narrowly or strictly construed.” Although the judge accepted that the right of peaceful protest was a fundamental constitutional right, he decided that section 27(1) of the Public Order and Security Act that empowers the police to ban all demonstrations for up to one month is not ultra vires the Constitution because it satisfies the requirements set out under section 86(1) and (2) of the Constitution in that the limitation it imposes on the constitutional right to demonstrate is “fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.” His value judgment on the limitation issue was arrived at in the following manner. The purpose of s 27(1) of the Act is clearly to prevent public disorder and to protect public safety. No democracy can function if there is public disorder and anarchy and thus the security of