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.