The opposition Citizens Coalition for Change (CCC) has approached the High Court to challenge the police ban on their rallies saying the respondents namely the Attorney General, the Minister of Justice, Legal and Parliamentary Affairs and Commissioner General Godwin Matanga have been abusing the Maintanance of Order and Peace Act (MOPA) to unjustly prohibit their gatherings.
Wellington Chikombo, Martin Mureri, Lovemore Maiko, and Champion Mjaya, who are the first, second, third and fourth applicants argue that their right to freedom of association as a political party has been infringed upon by the respondents.
In their application file by Obey Shava of Shava Law Chambers, Chikombo and the other CCC members invoked section 85(1)(0) of the Constitution, as well as section 14 of the High Court Act [Chapter 07:06], which allow them to approach the court when a fundamental right or freedom enshrined in Chapter 4 of the Constitution is being or likely to be infringed.
They assert that their right to campaign freely and peacefully for a political party or cause has been violated by the members of the first and second respondents.
The CCC members further allege that the respondents have been misusing the MOPA to unjustifiably prohibit their political gatherings, processions, and public demonstrations without reasonable cause or providing adequate reasons for their actions.
According to the application, these prohibitions on political gatherings and processions, especially in the lead-up to the upcoming elections, undermine the right to participate in peaceful activities to influence, challenge, or support government policies or any political cause. The CCC members believe that such restrictions hinder the fairness and freeness of the political environment, which is crucial not only on election day but throughout the entire electoral process.
“Being in the period we are now in, awaiting a proclamation for the call of elections any time, elections are around the corner, unjustifiable and unreasonable prohibitions of political gatherings, processions are an affront to the right to participate, individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support policies of the Government or any political or whatever cause. This right forms part of the integral fundamental political rights.
“In common with many other Zimbabweans, believe that political players contribute greatly to the content and quality of national policies. As such, civil and political freedoms ought to be promoted, and only limited in accordance with the law. Political gatherings, being banned by the police, uncannily, contribute to the trajectory of the political environment obtaining before elections, and as it stands the environment obtaining is unfair and not free. I believe that the process of freeness and fairness is not only measured on the day when elections are held and results announced but it starts now,” reads part of the application.
Chikombo, leading the application, expresses concern that if the conduct of the first and second respondents is not addressed, it will continue to violate their rights as outlined in section 67 of the constitution. He warns that such actions could result in a contested election process and outcome, failing to meet the standards of a “free and fair” election.
The CCC members emphasize their commitment to abiding by the laws of Zimbabwe and following the prescribed procedures for organizing public gatherings, demonstrations, and processions. However, they lament that despite submitting over 67 notices of intended public gatherings, only about five have been approved, with the rest being rejected through the issuance of prohibition notices.
It is worth noting that the CCC was formed after the split of the Movement for Democratic Change, founded by the late Morgan Tsvangirai. Since its formation, the police have consistently prevented the CCC from holding public gatherings, including rallies in Binga on March 15, 2022; Old Tafara Harare on March 17, 2022; Huruyadzo in Chitungwiza on May 3, 2022, and Gutu on December 12, 2022, among others.
