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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

The Zimbabwe Republic Police (ZRP) has banned a planned protest march by the Citizens Coalition for Change (CCC) which had been scheduled to take place in Bulawayo on Monday.
The Nelson Chamisa-led party said the demonstration was called to protest “an unfair election and the failure to respect the people’s votes through illegal recalls of elected representatives.”
CCC intended to hold a “peaceful demonstration” to petition the Minister of State and Devolution for Bulawayo Province at Mhlahlandlela Government Complex on 23 October from 10 AM to 4 PM.
Under the Maintenance of Peace and Order Act (MOPO), Organisers of public gatherings are required to notify the police and the police can either give them the green light to continue or prohibit the planned gathering.
In a letter to conveners of the protest, dated 18 October 2023, Chief Superintendent Vusumuzi Nkomo confirmed receiving the CCC’s notification on 16 October but said it (the notification), did not comply with certain provisions of the MOPO Act.
Chief Superintendent Nkomo, however, did not explain which provisions the notification did not meet.
In response to the banning of the planned protest, CCC spokesperson Promise Mkwananzi wrote on X:
<blockquote>
We want to demonstrate our commitment to the law and we will exhaust every channel permissible in a democratic society.
When all has failed, we will then come to you- The Citizens- to say Citizens, we have done everything permissible in a democratic society, it’s OVER to you now, to take matters into your own hands and liberate your country.
We will no longer be responsible or answerable from then on. This country will be freed, order, sanity and normality will be restored soon.
</blockquote>
Since its formation in early 2022, the CCC claims over 100 of its meetings, including campaign rallies, have been banned by the police.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Police Ban CCC Demonstration Planned For Bulawayo On 23 October

The president of the Zimbabwe Transformative Party (ZTP), Parere Kunyenzura, has been ordered to perform community service following his conviction for contravening sections of the Maintenance of Peace and Order (MOPO) Act.
Kunyenzura (52), who is also the bishop of Mirirai Jehovha Apostolic Church, was convicted by Harare magistrate Tafadzwa Miti after a full trial.
ZTP deputy president Simon Goshomi confirmed the development to Pindula News. He said:
<blockquote>
President Parere Kunyenzura of the Zimbabwe Transformative Party has been found guilty and will do community service.
He is scheduled to be released tonight (Wednesday) from Harare Remand Prison.
</blockquote>
The Zimbabwe Lawyers for Human Rights (ZLHR) on Wednesday said Kunyenzura has been “convicted of contravening Maintenance of Peace and Order (MOPO) Act after he allegedly convened a gathering in 2022 and led an unsanctioned procession of his church members while protesting and singing a gospel song with the lyrics “Emmanuel tisunungureiwo tanzwa ne nhamo” loosely translated to “Emmanuel save us from bondage”.
Kunyenzura and 34 of his followers who participated in the protest were arrested by the police on 9 July 2022.
His followers were convicted of criminal nuisance in November last year.
However, they escaped imprisonment after they were given a wholly suspended three months sentence.
They were also ordered to pay ZW$12 000 fine each by Harare magistrate Stanford Mambanje.
Kunyenzura claimed God ordained him as the next President of Zimbabwe when he launched the party in May 2022.
He said neither President Emmerson Mnangagwa nor his biggest challenger, Nelson Chamisa, the leader of the opposition CCC, will win the 2023 presidential election.
Kunyezura warned state security agencies not to try to thwart what “God” has ordained.

ZTP President Ordered To Perform Community Service

The leader of the Zimbabwe Transformative Party (ZTP), Parere Kunyenzura, has been convicted of contravening the Maintenance of Peace and Order Act in an incident that occurred in 2022.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Kunyenzura (52), a bishop of Mirirai Jehovha Apostolic Church, has been convicted of contravening the MOPO Act after he allegedly convened a gathering in 2022 and led an unsanctioned procession of his church members.
The group was allegedly protesting and singing a gospel song with the lyrics “Emmanuel tisunungureiwo tanzwa ne nhamo” loosely translated to “Emmanuel save us from bondage”. Added ZLHR:
<blockquote>
During the trial, which was presided over by Harare Magistrate Tafadzwa Miti, prosecutors alleged that Parere convened an illegal gathering on 9 July 2022 and led an unsanctioned procession of his church members as they marched along Robert Mugabe Way towards Simon Muzenda Street in central Harare, while protesting and singing gospels song with the lyrics “Emmanuel tisunungureiwo tanzwa ne nhamo” loosely translated to “Emmanuel save us from bondage”.
Prosecutors claimed that Parere led a procession of his church members without notifying the regulating authority, which is ZRP.
In his defence, Parere’s lawyer, Evans Moyo of [ZLHR], had asked Magistrate Miti to set his client free arguing that under MOPO Act, the nature of the gathering which he was accused of convening is exempted as an offence as it is a religious gathering.
In convicting Parere, Magistrate Miti ruled that the clergyman had breached the MOPO Act as the piece of legislation only exempts gatherings and not processions from being considered offences.
Magistrate Miti ruled that a procession such as the one allegedly led by Parere is not a gathering and stated that she believes that the procession by the congregants was not a bonafide religious gathering but a protest given the lyrics to the song “Emmanuel tisunungureiwo tanzwa ne nhamo” loosely translated to mean “Emmanuel save us from bondage”.
</blockquote>
Kunyenzura claimed God ordained him as the next President of Zimbabwe when he launched the party in May 2022.
He said neither President Emmerson Mnangagwa nor his biggest challenger, Nelson Chamisa, the leader of the opposition CCC, will win the 2023 presidential election.
Kunyezura warned state security agencies not to try to thwart what “God” has ordained.

Bishop Kunyenzura Convicted Of Contravening MOPO Act

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