Statement regarding breaches of the rule of law during the weekend 17/18 February 2007
During the past weekend the 17th and 18th February 2007 both factions of the MDC attempted to hold meetings, as is their right in terms of section 21 of the Zimbabwean Constitution, which were frustrated through the actions of the police, the courts and the Minister of Home Affairs.
In Bulawayo the MDC (Mutambara faction) intended to launch its defiance campaign at the Bulawayo City Hall on Saturday afternoon the 17th February 2007. Having initially received no objection from the police it was then subjected to a police raid on the 15th February 2007, the effective arrest of its administrator on the 16th February 2007, who was then advised that the meeting had been banned. When Secretary General Professor Welshman Ncube MP appealed to the Minister of Home Affairs in terms of section 25 (5) of the Public Order and Security Act (POSA) he was told by the Minister that a decision had been taken to issue a blanket ban on all political meetings due to the “ volatile situation prevailing in the country”. Given the fact that the Minister has no right to issue blanket bans a decision was taken to defy the illegal banning of the meeting, whilst at the same time a challenge against the ban would be launched in the High Court.
An urgent court application was made seeking an interdict preventing the police from banning the meeting. One of the points raised was that section 25 (5) of POSA violates both sections 18 and 21 of the Zimbabwean Constitution. Section 25 (5) gives the Minister of Home Affairs the ultimate power to determine whether political meetings should be allowed to take place or not. It is common cause that the Minister of Home Affairs is also a politician (in the present case a politician who holds a very senior position in the ZANU PF party). To that extent the Minister of Home Affairs is not a neutral arbiter; indeed he is a person with an obvious bias.