Coltart exposes ZANU-PF’s legal vulnerability

Human rights lawyer and the MDC’s shadow justice minister has posted an exhaustive response explaning how blatantly illegal police conduct was this weekend.

As bad as POSA is, it does not allow the police to issue widespread banning orders as it has sought to do. Notwithstanding the provisions of POSA, the Zimbabwean Constitution is quite clear regarding the right that Zimbabweans have to demonstrate peaceably. POSA is clear that the police are obliged to consider each case on its merits and it cannot lightly disregard the fundamental right contained in the Constitution for people to demonstrate and meet peaceably. What the police have in effect done is issue a general ban reminiscent of the State of Emergency which ended in 1990. There is no declared State of Emergency and to that extent the police have acted completely unlawfully in purporting to issue a general ban as they have done.

Even if the regime is of a mind to argue that it does have this general power it should be reminded that the provisions of POSA used by the ZANU PF regime to deny people fundamental constitutional rights are fascist laws no different to those used by the white minority regime in terms of LOMA. They were bad laws then and are no different now. LOMA did not prevent the legitimate demands of the people from being realised and in the same way POSA will not succeed ultimately in denying the people their rights. The sooner the regime realises that these laws will not solve the Zimbabwean crisis the better. The regime is advised to repeal POSA and then sit down with all Zimbabweans to negotiate a solution to the calamitous situation afflicting our nation. The situation has now been greatly exacerbated by the murder of Gift Tandare, the unlawful arrest of Morgan Tsvangirai, Arthur Mutambara and many other leaders and activists.

Click here to read the entire statement.

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