A ZIMBABWEAN court has faulted Bindura Magistrate Mary Msika for blundering in handling an appeal filed by the opposition Citizens Coalition for Change (CCC) political party challenging a police ban of its campaign rally.
The Zimbabwe Republic Police (ZRP) on Friday 7 July 2023 barred CCC political party from conducting its rally scheduled for Sunday 9 July 2023 at Brockdale Pfugari Open Space in Bindura in Mashonaland Central province after stating that the venue was unsuitable as it is a “busy area without serviceable roads, water and sewer facilities,” which poses a “high risk security threat to participants.”
The ban compelled some provincial leaders of the opposition political party namely Samuel Gondongwe, Agreement Kagura and Susan Mawire and the party itself to file an appeal against the ZRP prohibition notice arguing that it is in conflict with the provisions of the Maintenance of Peace and Order (MOPO) Act.
Bindura Magistrate Mary Msika on Friday 7 July 2023 directed Gondongwe, Kagura, Mawire and CCC political party to give three days’ notice to ZRP to allow the law enforcement agency to file a response to the appeal and ruled that the urgent appeal would be heard on Tuesday 11 July 2023.
Magistrate Msika stated that she had made her decision in terms of Order 22 Rule 10 of the Magistrates Court Rules, 2019.
This forced Gondongwe, Kagura, Mawire and CCC political party to file an urgent chamber application on Saturday 8 July 2023 challenging Magistrate Msika’s decision as being wrong at law and being in direct conflict with the provisions of Section 11(2) of MOPO Act.
They argued that appeals in terms of Section 11(2) of the MOPO Act must be heard at the very latest, a day before the scheduled public gathering hence the appeal must be set down and determined before end of day on Saturday 8 July 2023.
They also argued that it would be absurd if the appeal is not heard and determined by Saturday 8 July 2023, their rights as provided for in terms of section 11(2) would have been irreparably prejudiced and the resultant determination becomes ineffective and that the court cannot sit on Tuesday 11 July 2023 to determine whether or not a rally should be held on Saturday 9 July 2023.
Magistrate Msika and ZRP’s decisions, the applicants argued, violate their constitutionally entrenched rights and freedoms, including but not limited to political rights, administrative justice, and freedom of assembly and association guaranteed in the Constitution.
On Sunday 9 July 2023, High Court Judge Justice Tawanda Chitapi then ruled that Magistrate Msika had bungled in her handling of Gondongwe, Kagura, Mawire and CCC political party’s appeal by not promptly hearing their appeal stating that their appeal before the Magistrates Court is not subject to regulation in terms of Order 22 Rule 10 of the Magistrates Court Rules, 2019.
Justice Chitapi also set aside Magistrate Msika’s decision to defer hearing and not to determine the appeal by Gondongwe, Kagura, Mawire and CCC political party when it was placed before her.
In the end, Justice Chitapi ordered Magistrate Msika to immediately hear and make a determination by no later than 12: PM on Sunday 9 July 2023.
ENDS
Zimbabwe Lawyers for Human Rights
Kodzero/Amalungelo House
No. 103 Sam Nujoma Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 242 764085/705370/708118
Email: info@zlhr.org.zw
www.zlhr.org.zw
FOLLOW US:@ZLHRLAWYERS ON TWITTER | ZIMBABWE LAWYERS FOR HUMAN RIGHTS
ON FACEBOOK
