'We cannot be denied our constitutional rights'

An opposition supporter faces police officers during a protest in Harare, Zimbabwe. Photo: Reuters/Philimon Bulawayo

An opposition supporter faces police officers during a protest in Harare, Zimbabwe. Photo: Reuters/Philimon Bulawayo

Published Oct 6, 2016

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Harare - Zimbabwe opposition parties on Wednesday scoffed at a High Court ruling upholding the ban on demonstrations, saying it was of no substance as the Constitution allowed citizens to demonstrate peacefully.

The ruling was made by by Chief Justice George Chiweshe

In separate interviews with the African News Agency in Harare, political parties said they would not be deterred by the ruling and were mobilising for more protests to pressure the Zimbabwe government to implement electoral reforms before the next elections, which are slated for 2018.

Democratic Assembly for Restoration and Empowerment (DARE) President, Gilbert Dzikiti, said his party would rally all Zimbabweans to resist any attempts by government to introduce unjust laws, saying laws such as the Access to Information and Protection of Privacy Act and the Public Order and Security Act were an injustice.

"We cannot be denied our constitutional rights by laws which are draconian and repulsive to the fundamental rights of liberty. We hope judge Chiweshe was not guided by (President Robert) Mugabe's statement in which he threatened judges," he said.

He said they were reviewing the judgment and reiterated that political reforms could only be achieved through political action, adding that those protesting were borrowing from former liberation fighters who mobilised people against the then Rhodesian regime.

"People already are taking and understanding electoral reforms as an institutional challenge and not a power-grabbing project. Our demands must be driven by the common man and woman who are understanding of the sacrifices ahead," he said.

He added: "We will map strategies to counter the kidnappings of activists, huge bail money demands and make sure that we are there for our people. The onus is on Zanu-PF to prove to the world that we are a true republic and democracy. We will put them to the test in our resolve for a level electoral field."

He said Zimbabwe should emulate Mahatma Gandhi's principle of non-violent confrontations to avoid exposing the country's citizens "to Zanu-PF's demons and degrees in violence".

National Electoral Reforms Agenda (NERA) chairperson for the Transitional Working Group (TWG), Joelson Mugari, concurred, saying: "The upholding of the ban on demonstrations by the High Court is nothing of substance to us since the Constitution clearly provides for citizens to demonstrate peacefully."

Mugari said the almost 20 political parties under the banner of NERA would first hold joint rallies as a strategy to mobilise for forthcoming demonstrations. "People are surely behind us but need to be educated on peaceful demonstrations. We met yesterday (Tuesday) with our provincial chairpersons and today (Wednesday) we have a TWG meeting, then on the 14th of October we will have countrywide joint rallies and demonstrations after," he said.

Political activist, Stern Zvorwadza, also added his voice, saying the competence of the judiciary should not be premised on who one knew or did not know, but should be guided by the principles of law.

"Zimbabwe has a constitution which clearly states that petitioning and demonstrating is authorised by the Constitution, which is the supreme law of the land and all other provisions, including the Posa, can't override the Constitution in itself."

He said the judge president had displayed high levels of incompetence and also showed the country that he had direct allegiance to the ruling party. "And what we're saying is he has played in the hands of the oppressor and will not survive this level of incompetence. He can be tested on merit, not only by Zimbabweans, but by other internationally qualified jurists and lawyers," he added.

MDC-T spokesperson, Obert Gutu said the ruling by Justice Chiweshe was a temporary setback which would not divert the opposition parties from their mission to fight for people's rights as enshrined in the Bill of Rights.

"As a lawyer, I respect the judgment of the court but the good thing about this judgment is that it has emboldened us and we are not giving up," he said. He said they would soon be noting an appeal against the judgment.

African News Agency

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