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Harare High Court
Tendai Laxton Biti v Barbara Chimboza N.O. and 4 Others
HH 143-12
Case Details
Court
Harare High Court
Date
19 March 2011
Citation
HH 143-12
Neutral Citation
[2012] ZWHH 143
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Chiweshe JP
Full Bench
Chiweshe JP
Areas of Law
Administrative LawConstitutional Law
Keywords
Public Order and Security ActPolitical RallyPolice RegulationSection 26 POSA
Tags
Public Order and Security ActPolitical RallyPolice Prohibition
legislation
Statutes Cited
- Public Order and Security Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Regulating Authority was required to follow consultation procedures under s 26(3) POSA when prohibiting a rally based on operational experience","issue_type":"law","dispositive":"yes","related_facts":"Police prohibited rally without consultation; decision based on operational experience"}
- {"issue_text":"Whether magistrate cured procedural defects by taking evidence on oath","issue_type":"law","dispositive":"no","related_facts":"Magistrate called police officer to give evidence on oath"}
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background
Facts of the Case
Background
The applicant, Secretary General of MDC political party, sought to hold a rally on 19 March 2011. The police Regulating Authority prohibited the rally citing security concerns about a nearby ZANU PF rally. The applicant appealed to the Magistrates Court which dismissed the appeal. The applicant then brought this urgent review application.
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