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Harare magistrate Apollonia Marutya has dismissed an application by former Glenview South Member of Parliament Learnmore Hakata for refusal of further remand for holding an unsanctioned road show, reported <a href="https://www.newsday.co.zw/local-news/article/200023410/former-mp-39-others-further-remanded">NewsDay</a>.
Hakata, who is charged alongside 39 others, is being represented by Kudzai Kadzere from the Zimbabwe Lawyers for Human Rights (ZLHR). Kadzere submitted:
<blockquote>
We apply that the accused person be removed from remand. They have been attending court since last year with the State failing to come up with a trial date.
</blockquote>
Kadzere appealed to the court to proceed by way of summons when it finally gets ready for trial.
The National Prosecuting Authority’s (NPA) Thomas Chanakira opposed the application saying the docket was ready and assigned to a different prosecutor Zebediah Bofu.
Hakata and the other CCC members were arrested in August last year while holding an electoral campaign roadshow at Machipisa Shopping Centre, Highfield, Harare.
It is alleged that the CCC had notified authorities about a campaign rally at Churu Farm, but the accused later diverted from the planned location resulting in their arrest.
Prosecutors allege the suspects breached maintenance of peace regulations.
Hakata and the CCC members did not participate in the August 2023 elections because they were in custody.
The matter was postponed to 27 February for a possible trial date.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Former MP, 39 CCC Activists Further Remanded

The Zimbabwe Republic Police (ZRP) has blocked planned protests by “Concerned Citizens”, who are members of the Citizens Coalition for Change (CCC) led by Nelson Chamisa.
Concerned Citizens had notified the ZRP of their intentions to hold peaceful protests on Tuesday across the country over the recall of CCC legislators and ZANU PF’s victory in the August 2023 elections.
Police said the applications failed to meet the provisions of the Maintenance of Peace and Order (MOPO) Act.
In a letter dated 03 January 2024, Officer Commanding Hurungwe District, Superintendent Kezias Karuru advised the convener of the demonstrations, Mathew Chapfura to comply with the law in his application. He wrote:
<blockquote>
Reference is made to your notification dated December 30, 2023 on the above subject. This office is not able to take action on your notice as it lacks the requisite averments.
The Maintenance of Peace and Order Act is explicit on what constitutes a notice and averments required of the notice. Please comply with the law.
</blockquote>
ZRP spokesperson Assistant Commissioner Paul Nyathi told <a href="https://www.newsday.co.zw/local-news/article/200021918/police-block-anti-ed-protests">NewsDay</a> in an interview on Wednesday, 10 January, that the approval of notifications to conduct demonstrations is usually determined by the “existing situation” on the ground and by the security assessment of the regulating authority. Said Asst Comm Nyathi:
<blockquote>
Organisations and entities intending to conduct processions or demonstrations should comply in full with the provisions of The Maintenance of Peace and Order Act Chapter 11:23.
This includes the official appointment of a convener, engagement with local regulating authority and interaction with other stakeholders among other requirements which include the safety and security of the community especially other people not involved in the procession or gathering.
In this regard, the Zimbabwe Republic Police implores organisations and their entities to fully familiarise themselves with the provisions of the Maintenance of Peace and Order Act Chapter 11:23 and to notify the regulatory authority about their gathering.
The approval of notifications will be determined by the existing situation on the ground and by the security assessment of the regulating authority.
</blockquote>
Convener of the planned demonstrations in Hurungwe District, Chapfura told NewsDay that they intended to march peacefully in protest over the recalls and the “sham” 23 August 2023 elections. He said:
<blockquote>
We intended to march along the streets with placards to register our disgruntlement over the unlawful recalls of elected legislators from Parliament.
We are in protest of the by-elections. They are illegal. If we are to have an election we have to start afresh under free and fair conditions. We wanted to protest against Mr Mnangagwa’s victory because the election was a sham.
We wanted it to be a peaceful protest in full compliance with the law, that is, with the presence of the security officers, and marshals among other things.
</blockquote>
Dozens of CCC legislators and councillors were recalled by Sengezo Tshabangu, a controversial party activist who claims to be CCC’s interim secretary general.
Tshabangu initiated the recalls on the pretext that the elected officials were imposed on the electorate and had subsequently ceased to be CCC members.
Meanwhile, the ZRP has reportedly blocked more than 100 of the opposition party’s planned gatherings for allegedly failing to comply with the MOPO Act.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Police Block CCC Marches Against Tshabangu Recalls

Citizens Coalition for Change’s (CCC) Youth Task Force National Administrator Pashor Raphael Sibanda, was summoned by the police on Thursday in Bulawayo, accused of planning a demonstration.
Sibanda, the former Cowdray Park Member of Parliament, and other CCC youth taskforce members recently held a press conference in Bulawayo where they threatened to stage street protests if urgent electoral reforms are not implemented.
Speaking to CITE’s <a href="https://cite.org.zw/former-cowdray-park-mp-summoned-by-police-over-planned-demo/">Senzeni Ncube</a>, Sibanda said that he was summoned for questioning following the press conference. He said:
<blockquote>
So, the police have called me for questioning following the press conference that we held on the 12th of December.
They allege that I am organising a demonstration in Bulawayo to be held tomorrow the 22nd of December.
However, in my press statement, I only said ‘We will flood the streets,’ we never spoke about the date and venue for our demonstrations.
I have since told them that I am not responsible for the 22nd December demonstration.
If we are to do a demo, we will do it at an appropriate time and we will do it in terms of law.
They said if there is a demo tomorrow, they will arrest me. They want to pin me for tomorrow’s demo.
</blockquote>
He said the authorities are trying to intimidate him and other activists to discourage them from speaking out against the government.
In Zimbabwe, under the Maintenance of Peace and Order (MOPA), which replaced the Public Order and Security Act (POSA) in 2019, there are specific steps and considerations for organising demonstrations or public gatherings.
The Act covers gatherings, processions, and public demonstrations. It restricts assemblies in certain places and regulates how they are conducted.
The law stipulates that organisers or conveners must notify the police at least seven days before the event for demonstrations or marches and five days before for public meetings.
However, certain types of gatherings are exempt from following the MOPA, including those held exclusively for religious, educational, recreational, or charitable purposes, agricultural shows, and theatrical performances, among others.
The Police have routinely used the Act to bar opposition parties and civic organisations from holding public events, for example, political rallies by parties in the run-up to general elections.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Former Cowdray Park MP, Pashor Sibanda, Summoned By Police

The opposition CCC party has approached the High Court to challenge the decision by the Zimbabwe Republic Police (ZRP) to ban their 2023 elections campaign launch that was scheduled for 09 July in Bindura.
CCC spokesperson Fadzayi Mahere said they had initially approached the Magistrates Court to challenge the move by the Police, but after the lower court set the matter down for 11 July, the opposition party then approached the High Court. Said Mahere:
<blockquote>
The Police unconstitutionally “banned” our Campaign Launch set for Sunday. Our lawyers immediately challenged the illegality.
The Magistrates’ Court erroneously set the matter down for 11 July (2 days after the rally) in violation of the Act. We’ve lodged an urgent review to the High Court.
</blockquote>
In banning the CCC rally, Police said the venue selected by the opposition party has no access roads and water, exposing supporters to communicable diseases.
ZRP also said they were not given sufficient notice “as provided for in terms of the MOPA Act”, and advised CCC to find another venue and date for the event.
On Wednesday, police disrupted CCC’s Presidential Campaign Rally in Chiredzi, saying the party failed to comply with security requirements prescribed under section 8 of the Maintenance of Peace and Order Act (Chapter 11:23).
Another CCC rally that was scheduled for Chivi Growth Point this Friday was also blocked by the Police who said the venue had already been booked by ZANU PF.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

CCC Approaches High Court To Challenge Campaign Launch Ban

The Zimbabwe Republic Police (ZRP) has blocked CCC from launching its 2023 elections campaign in Bindura on Sunday saying the venue selected by the opposition party has no access roads and water, exposing supporters to communicable diseases.
ZRP also said they were not given sufficient notice “as provided for in terms of the MOPA Act”, and advised CCC to find another venue and date for the event.
A letter addressed to CCC by the Officer Commanding Bindura Police District, dated 07 July 2023, reads in part:
<blockquote>
This office acknowledges receipt of your notification of a public gathering [Campaign Rally] dated 6th July 2023 to be held at stand number 3889 and 3890 Brockdale, Bindura, on the 9th of July 2023 from 0900 hours to 1700hours which you submitted in terms of section 7 of the Maintenance of Peace and Order Act [Chapter 11:23].
This office has reservations in respect of the suitability of the venue taking into account all relevant security factors necessary.
The venue falls within an undeveloped piece of land, which is bushy without serviceable roads, water and sewer facilities.
It provides a high-risk security threat to the participants. There is also a high risk of threat to the spread of any communicable diseases.
In the event of any public disorder, the police and other emergency services would have challenges accessing the venue due to the unavailability of an official road network.
As a result, our mandate to protect life and property and to maintain law and order will be compromised.
Lastly, your notification did not give sufficient notice to the regulatory authority as provided in terms of the MOPA Act.
May you consider securing another suitable venue and provide sufficient notification as required by the provisions of the MOPA Act.
<img alt="Image" decoding="async" src="https://pbs.twimg.com/media/F0bkQTBWYAEvToA?format=jpg&amp;name=medium"/>
</blockquote>
On Wednesday, police disrupted CCC’s Presidential Campaign Rally in Chiredzi, saying the party failed to comply with security requirements prescribed under section 8 of the Maintenance of Peace and Order Act (Chapter 11:23).
Another CCC rally that was scheduled for Chivi Growth Point this Friday was also blocked by the Police who said the venue had already been booked by ZANU PF.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Police Block CCC's 2023 Elections Campaign Launch In Bindura

The Zimbabwe Republic Police (ZRP) has blocked the opposition CCC party from holding its Presidential Campaign Rally at Chivi Growth Point on 07 July 2023.
In a letter addressed to CCC, Officer Commanding Police, Masvingo West District, Chief Superintendent D. Maingire said the opposition party cannot hold its rally at the venue because it had already been booked by ZANU PF. Reads the letter in part:
<blockquote>
1. We acknowledge receipt of your notification dated 02 July 2020
2. We also appreciate that your letter meets all the requirements and expectations.
3. Let me take this opportunity to highlight that Chivi Growth Point ground was booked by ZANU PF and we are in receipt of that letter dated 01 July 2023.
4. By changing your venue from Mhandamabwe to Chivi Growl Point, you ceded your rights to use Mhandomabwe your venue on the strength of this notification.
5. Kindly be advised that permission has therefore not been granted.
6. If you want to hold any rallies in the future at Mhandamatwe or Chi Growth Point you have to submit another notification.
</blockquote>
In the run-up to the by-elections held in March 2022, dozens of Chamisa and CCC’s campaign rallies were banned by the Police on the pretext that the party failed to comply with security requirements prescribed under section 8 of the Maintenance of Peace and Order Act (Chapter 11:23).
On Wednesday, 05 July, CCC spokesperson Fadzayi Mahere accused ZANU PF of abusing the Police to disrupt its rallies.
Posting on Twitter after CCC’s Presidential Campaign Rally was blocked by Police in Chiredzi, Mahere said the ban will not stop them from “winning the hearts and minds of Zimbabweans.”
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Police Block CCC Presidential Campaign Rally In Chivi

The Zimbabwe Republic Police (ZRP) on Friday urged Zimbabweans to report funerals to the law enforcement agency in the weeks leading up to the 2023 general elections.
Addressing Harare residents, ZRP national spokesperson Assistant Commissioner Paul Nyathi said reporting funerals to the police will ensure that they will not be mistaken for political gatherings. <a href="https://www.newsday.co.zw/local-news/article/200009588/report-funerals-or-police-will-storm-them">NewsDay</a> quoted Nyathi as saying:
<blockquote>
If we are at a funeral during elections, it’s better to report to the officer-in-charge and that will be put on record because some neighbours would lie (that there is a political gathering).
There are some people who want to campaign at funerals. Why should you campaign at one’s funeral?
We also expect politicians not to address supporters at people’s homes. If a neighbour complains, we come.
</blockquote>
In Zimbabwe, it is an offence to hold a gathering without police permission.
According to <a href="https://zimfact.org/fact-sheet-zrp-the-law-and-your-right-to-gather-what-the-law-says/">Zimfact</a>, in terms of the Maintenance of Peace and Order Act (MOPA), Chapter 11:23, an organisation planning a demonstration or a march must appoint an official convenor and notify the police seven days before the event.
A notice of five days is required before a public meeting. The convenor must give police details of the event, such as; the contact number of the designated convenor, the venue, times, the purpose of the event, the number of marshals, and the anticipated number of participants.
If the convenor of the gatherings does not give this notice, they can be charged and fined or jailed for up to one year.
More: <a href="https://www.newsday.co.zw/local-news/article/200009522/ed-demands-re-run-in-violence-hotspots">Pindula News</a>

Police Say The Public Should Report Funerals During Elections

The Zimbabwe Congress of Trade Unions (ZCTU) has condemned the Maintenance of Peace and Order Act (MOPA), saying it is still the draconian Public Order and Security Act (POSA) by another name.
Speaking at a recent workshop held in Mutare attended by representatives from government, Labour and other business representatives, ZCTU president Florence Taruvinga said all the provisions of POSA are still in MOPA. She said:
<blockquote>
Government responded by enacting MOPA. Regrettably from a labour point of view, government simply changed the name from POSA to MOPA.
Prove us wrong because we believe that all the provisions of POSA are still in MOPA.
What worries labour most is what we see as the deliberate ignoring of what the law says for instance on the contentious issue of public gatherings.
Even POSA exempted trade unions from seeking permission for public gatherings.
</blockquote>
The police have used MOPA to bar opposition political parties and civil groups from holding meetings. | <a href="https://www.newzimbabwe.com/you-simply-rebranded-posa-to-mopa-prove-us-wrong-zctu-tells-government/">NewZimbabwe.com</a>

MOPA Is POSA By Another Name - ZCTU

The Zimbabwe Republic Police (ZRP) has rejected allegations of unfairness in implementing provisions of the Maintenance of Peace and Order Act (MOPA).
Police have been accused of being unfair towards opposition parties and civic society organisations (CSOs) by banning their planned events on the pretext that they failed to meet certain provisions of MOPA.
On several occasions, police have blocked opposition CCC rallies and planned protests by CSOs but ZANU PF events have never been disrupted.
ZRP spokesperson Assistant Commissioner Paul Nyathi told NewsDay that some of the reasons opposition rallies and protests by CSOs are blocked include their failure to employ marshals and to stick to scheduled times which threatens peace and public order. He said:
<blockquote>
There is a difference between notifying and working on the security modalities with the police if you are to go by MOPA.
There are certain parameters which conveners of meetings, public gatherings and demonstrations have to comply with on their part.
Merely notifying does not mean that a person has fulfilled all the conditions that are outlined under MOPA.
The public must be adequately advised on the security measures they have put in place when they want to do some of these gatherings in consideration of the rights of others.
It is not just a matter of notifying and ending there. There are security considerations that have to be made by the conveners.
When they go to the police and are told that they have not met these security considerations, they start complaining.
</blockquote>
Last week, police invoked MOPA to block a CCC by-election victory celebration in Glen Norah and also banned an event that had been scheduled for 22 July by the Crisis in Zimbabwe Coalition (CiZC).
CCC spokesperson Fadzayi Mahere said it is not true that the party does not adhere to the requirements of MOPA. She added:
<blockquote>
Rather, when we do invoke the provisions of this statute, we are met with flimsy reasons for the banning of our rallies such as the fact that there isn’t enough manpower or misrepresentations, and that someone else is using our chosen venue when this is not true.
What is beyond doubt is that the playing field is not free and fair, but that will not stop us from escalating our nationwide mass mobilisation programmes.
</blockquote>
More: <a href="https://www.newsday.co.zw/2022/08/police-defend-ccc-rallies-ban/">NewsDay</a>

Police Give Reasons For Banning CCC Rallies

The Zimbabwe Republic Police has rejected the notification to hold a rally by the MDC Women Assembly in Warren Park which was scheduled for this weekend.
MDC Harare Provincial Organising Secretary Juliana Makuvire wrote a letter on February 13, notifying the police about the planned rally.
In response to the letter, one R Kapungu, Superintendent to the Officer Commanding Police – Regulating Authority – Harare South District, wrote:
<blockquote>My office acknowledges the receipt of your letter dated 13 February 2020.
The letter does not meet the requirements of Section 7(2) of the Maintenance of Peace and Order Act Chapter 11:23.
You are, therefore, invited in terms of Section 8 of the Maintenance of Peace and Order Act Chapter 11.20 for consultations, negotiations, amendment of notices and conditions with respect to procession public demonstration and public meetings at the Regulatory Authority’s Office on 20 February 2020 at Harare South District Headquarters located at Southerton Police Station at 1500 hours.
Your co-operation in this regard is sincerely appreciated.</blockquote>
Makuvire then wrote an amended letter which the police received on 21 February. However, Kapungu informed the MDC that the letter still did not meet MOPA requirements. Wrote Makuvire:
<blockquote>My office acknowledges the receipt of your amended letter received on 21 February 2020.
The letter still does not meet the requirements of Section 7(2) of the Maintenance of Peace and Order Act Chapter 11:23.
Your co-operation in this regard is sincerely appreciated.</blockquote>

Police Dismisses MDC Notification TWICE, To Hold Rally In Warren Park

Foreign Affairs Minister, Rtd Lt Gen Sibusiso Moyo has said that the removal of the Public Order and Security Act (POSA), which was deemed draconian, replacing it with the Maintenance of Peace and Order Act (MOPA) was the right thing to do.
He made the remarks at a Global Shapers’ Road To Davos Townhall 2020 workshop held at Mt Pleasant Business Park on Friday.
Moyo was responding to a question by one of many youths who attended the event who wanted to know why the government enacted MOPA which is regarded by some as a true reflection of POSA which it replaced.
The Minister said that the provisions in MOPA were plagiarised or copied as they were in Zimbabwe’s Constitution of 2013 amendment number 20.
He added that there was no other way the government could have come up with a different legislation without breaking the supreme law of the land.

"We Did The Right Thing," Foreign Affairs Minister Speaks About Replacing POSA With MOPA

MDC president <a href="https://www.pindula.co.zw/Nelson_Chamisa" rel="noopener noreferrer" target="_blank">Nelson Chamisa</a> will be arrested if he holds public meetings without notifying the Zimbabwe Republic Police and getting its approval.
This was said by Justice minister <a href="https://www.pindula.co.zw/Ziyambi_Ziyambi" rel="noopener noreferrer" target="_blank">Ziyambi Ziyambi</a> in an interview with the Daily News on Friday. He said:
<blockquote>Under the new Maintenance of Peace and Order Act, you can’t do a demonstration without notifying the regulatory authority, and if they do that then they can be arrested.
If Chamisa carries on with what he said he can be arrested. He is out of order … you can’t do that and endanger other people who are doing their business.</blockquote>
Police have been routinely banning almost all of the MDC’s planned public gatherings giving flimsy reasons for doing so.
President Emmerson Mnangagwa recently signed into law the <a href="https://www.pindula.co.zw/Maintenance_of_Peace_and_Order_Bill_(MOPA)" rel="noopener noreferrer" target="_blank">Maintenance of Peace and Order Act (Mopa</a>) — which replaced the draconian Public Order Security Act (Posa). Posa was used by the police to block the MDC from holding rallies.
<h4>More: <a href="https://www.dailynews.co.zw/articles/2019/11/22/authorities-will-arrest-chamisa-if-he-holds-public-meetings-without-police-approval" rel="noopener noreferrer" target="_blank">Daily News</a></h4>

Chamisa Will Be Arrested If He Ignores MOPA - Ziyambi

MDC former Secretary General, Douglas Mwonzora has claimed that there is no difference between the recently introduced Maintenance of Peace and Order Bill to Parliament (MOPA) and the reviled Public Order and Security Act (POSA) which it seeks to replace. He said:
<blockquote>What is striking is that out of the 23 in POSA the Bill retains a whopping 20 Clauses as they are word for word. It makes minor amendments to 2 Clauses and repeals only a single provision of POSA. Further key provisions of this Bill are duplicated word for word from the Regulation of Public Gatherings Act No. 205 of 1993 of South Africa enacted before that country attained its independence. This Bill is therefore simply POSA by another name and appears not to have been made with any democratic design in mind.</blockquote>
POSA has been described as a draconian law that limited human rights and freedoms such as the right to association and speech. Under POSA, the police had powers to temporarily ban demonstrations. Under the MOPA, that power is now vested in the president. Mwonzora said that there is nothing to celebrate since the provision had been successfully challenged in the Constitutional Court anyway.
More: <a href="https://www.newzimbabwe.com/mopa-is-a-bad-law-borrowed-from-apartheid-south-africas-statutes/" rel="noopener noreferrer" target="_blank">New Zimbabwe</a>

Mwonzora: "MOPA Is POSA By Another Name, Borrowed From SA's Apartheid Laws"

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