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Constitutional Court
Democratic Assembly for Restoration and Empowerment & Anor v Newbert Saunyama N.O. & Ors
[2018] ZWCCZ 9
Case Details
Court
Constitutional Court
Date
17 October 2018
Citation
[2018] ZWCCZ 9
Judgment No.
CCZ 9/18
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Malaba CJ
Author
Makarau JCC
Full Bench
Malaba CJGwaunza DCJGarwe JCCMakarau JCCGowora JCCHlatshwayo JCCPatel JCCGuvava JCCBhunu JCC
Areas of Law
Constitutional LawAdministrative LawHuman Rights Law
Keywords
section 27 POSAfreedom to demonstratepublic orderconstitutional validityblanket ban
Tags
constitutional challengepublic order lawfreedom of demonstrationpolice powers
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Public Order and Security Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether s 27 of POSA is constitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"Section 27 allows blanket ban on all demonstrations; infringes s 59 right to demonstrate"}
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background
Facts of the Case
Background
The first respondent, acting as regulating authority for Harare Central Police District, used s 27 of POSA to ban all public demonstrations for one month. Applicants challenged this as unconstitutional infringement of their right to demonstrate under s 59 of Constitution.
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