Dzamara & Others v Police Commissioner General (N.O.) & Others (HH 398-16 HC 6397/16)  ZWHHC 398 (04 July 2016);
COMMISSIONER GENERAL POLICE NO
OFFICER COMMANDING HARARE PROVINCE NO
MINISTER OF HOME AFFAIRS NO
HIGH COURT OF ZIMBABWE
HARARE, 27 June and 4 July 2016
This application sought a provisional order to interdict the police from unlawfully interfering with their constitutional right to freedom of assembly, freedom from violence and freedom to demonstrate peacefully. The applicants argued that the actions of the police were unlawful and constituted a threat to applicants’ rights and fundamental freedoms, and contempt of the Constitution.
The court determined the urgency for resolution of the matter. The court found no basis for hearing the matter as an urgent application, mainly because the overall actions of the police could not amount to a disproportionate restriction on the freedom of assembly and the right to demonstrate. The court found that the prevention of crime, as part of public security, was a legitimate reason for imposition of restrictions on a demonstration that had shown a propensity for degenerating into unlawful activities.
Accordingly, the matter was removed from the urgent roll.