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Harare High Court

THE ZIMBABWE NATIONAL LIBERATION WAR VETERANS ASSOCIATION v SUPERINTENDENT MAKUNIKE T. N.O and THE COMMISSIONER GENERAL OF POLICE and THE MINISTER OF HOME AFFAIRS and THE ATTORNEY GENERAL OF ZIMBABWE

HH 314-17

Case Details

Court
Harare High Court
Date
19 May 2017
Citation
HH 314-17
Neutral Citation
[2017] ZWHH 314
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Constitutional LawAdministrative LawPublic Order Law
Keywords
Freedom of AssemblyPOSARegulating AuthorityPublic MeetingWar Veterans
Tags
Public Order and Security ActFreedom of AssemblyConstitutional RightsWar Veterans
legislation
Statutes Cited
  • Public Order and Security Act
  • Public Order and Security Act
  • Public Order and Security Act
  • Public Order and Security Act
  • Public Order and Security Act
  • Public Order and Security Act
  • Public Order and Security Act
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant's meeting required notice under the Public Order and Security Act","issue_type":"law","dispositive":"yes","related_facts":"Nature of meeting (members only, not public)"}
  • {"issue_text":"Whether the regulating authority acted lawfully in attempting to prevent the meeting","issue_type":"law","dispositive":"yes","related_facts":"Authority's repeated refusal to allow meeting despite notifications"}
  • {"issue_text":"Whether the applicant's constitutional rights to assembly and association were infringed","issue_type":"constitutional","dispositive":"yes","related_facts":"Authority's actions preventing meeting"}
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background
Facts of the Case

Background

The applicant, a war veterans association, notified the regulating authority of a meeting scheduled for 10 March 2017. The authority repeatedly claimed non-compliance with POSA requirements. The applicant rescheduled the meeting to 23 March 2017 and approached the court urgently, alleging infringement of constitutional rights to assembly and association.
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