HABAKUK TRUST
Versus
CLERK OF PARLIAMENT
And
PARLIAMENT OF ZIMBABWE
And
MINISTER OF JUSTICE, LEGAL &
PARLIAMENTARY AFFAIRS
IN THE HIGH COURT OF ZIMBABWE
MOYO J
BULAWAYO 15 AND 18 JUNE 2020
Urgent Chamber Application
J. Sibanda for the applicant
THE ZIMBABWE CHAMBER FOR INFORMAL WORKERS
and
PASSENGER ASSOCIATION OF ZIMBABWE
and
CONSTANTINE CHAZA
versus
MINISTER OF HEALTH AND CHILD WELFARE
and
MINISTER OF LOCAL GOVERNMENT, RURAL AND URBAN DEVELOPMENT
and
MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT
and
MINISTER OF PUBLIC SERVICE LABOUR AND
SOCIAL WELFARE
and
MINISTER OF TRANSPORT AND INFRASTRUCTURE
DEVELOPMENT
and
THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE
and
This was an application seeking a determination as to whether, section 27 of the Public Order and Security Act (POSA), banning any public processions or demonstrations in the Harare Central Business District for two weeks, was constitutional.
The court determined the constitutional validity of section 27 of the POSA. The court found that the provision infringes the right to freedom of demonstration guaranteed by section 59 of the Constitution. The provision failed the constitution validity test for a law limiting fundamental rights and freedoms. Section 27 was held to be unfair, unreasonable, unjustifiable and an unnecessary manner.
In conclusion, the court held that section 27 of POSA was unconstitutional. The High Court declaration of constitutional invalidity of section 27 of POSA was suspended for 6 months from the date of judgment. The matter was remitted to the Supreme Court for the determination of the appeal, and each party was ordered to bear its cost.
