Demo Case: Mugabe Left With Egg On His Face As State Scores Own Goal

Demo Case: Mugabe Left With Egg On His Face As State Scores Own Goal
Published: 2016 September 08 06:45:36 (2276 Views)

THE State case, once again, came unstuck yesterday due to shocking incompetence by State counsel, culminating in the provisional suspension of the ban on demonstrations in Harare's CBD by the High Court, the State-owned but Zanu PF controlled Herald reports. 
Due to the amateurish show from the prosecution, the bench ended up suspending the order of invalidity for a period of seven working days to give the State time to put its house in order, failing which the ban would be voided, the publication which has often taken a pro-Zanu PF position on national issues claims. 
This means the ban on demonstrations will be allowed to operate for the next seven days, if the seven days lapse without the State acting on its defective case, the provisional order will be confirmed and the ban voided.
A lawyer close to developments, who cannot be named for professional reasons, expressed shock at State counsel Happy Magadure's apparent wilful disregard of the Court's directive to put his house in order, culminating in Justice Priscilla Chigumba declaring Statutory Instrument 101A of 2016 that banned demonstrations in Harare's CBD invalid and ultra vires the Public Order and Security Act and hence the Constitution.
When the parties; the State represented by Magadure of the Attorney-General's office, and the Zimbabwe Lawyers for Human Rights led by Tendai Biti and Mr Dzimbabwe Chimbgwa; convened for a case management meeting on Monday — the source said — the Judge advised the State counsel that his papers were defective as they only had the Police Commissioner General's affidavit and not the Affidavit of the first respondent Officer Commanding Harare District, Assistant Commissioner Newbert Saunyama who issued SI 101A.
"The Judge noticed that in so far as the Statutory Instrument is concerned there was only the affidavit of the Police Commissioner General, and not the first respondent," the legal expert said.
"The judge then told the State that the papers were defective and directed the State counsel to put his house in order by bringing an affidavit done by the Officer Commanding Harare District because he was responsible for issuing the Statutory Instrument. The Commissioner General's affidavit would be a supporting affidavit."
That was on Monday, the judge then postponed the matter to Wednesday to give the State time to put its house in order by filing the first respondent's affidavit.
"It was a directive from the Judge that the affidavit should be included. So when they reconvened today (yesterday), State Counsel did not bring the required affidavit from the Officer Commanding Harare, which meant that the State papers were defective. They had not been corrected as directed by the judge. And the legal implication of that is the State papers became inconsistent with Posa and thus unconstitutional to the extent of that inconsistency," she said.
The lawyer said the reason why the Officer Commanding HarareDistrict's affidavit was required was that in terms of Section 27 of Posa, one does not just publish a ban without first publishing the draft ban for the benefit of all stakeholders.
"You do not just publish the ban and say that is the order. You must first publish the draft order to all stakeholders so that you hear their inputs and concerns for a certain period. After that if you still want to publish the order you then gazette it. Now with this ban, all this was not done.
"The reason why all this was not done is that there is a provision for publishing if it's not expedient to publish and consult stakeholders you can still publish without consultation but then you must give evidence why it was not expedient, and why you are proceeding like that. 
You must justify it by way of evidence and in an application it normally means an affidavit by the person ordering the action, and in this case the Officer Commanding Harare," the lawyer said adding that the first respondent's affidavit would have provided the justification needed to bypass the provisions of Posa.
"What the First respondent's affidavit should have done is provide justification why it was not expedient for him to follow all those procedures outlined in Section 27 of Posa. If it was because of the urgency of the matter, he would have explained the urgency, and offered the situational report and all that. That is the affidavit that would have justified the ban."
Surprisingly when asked by the judge why he had not brought the affidavit as directed by the Court on Monday, Mr Magadure is said to have offered no explanation
"There is no explanation yaapa. He was asked why he did not bring the affidavit, and said I have no submissions to make. He didn't even say the Officer Commander Harare is out of town, he will be found tomorrow. 
He didn't even say I thought the Comm Gen's affidavit was sufficient, he couldn't have said so because on Monday he had been told that the Comm Gen's affidavit was insufficient, the Officer Commanding Harare's affidavit was needed," the lawyer said.
The prosecution's failure to heed the Judge's directive thus made the Statutory Instrument 101 defective for non-compliance with Posa and non-compliance with the directive of the court as well.
Repeated bungling by the government's prosecuting arm has raised the spectre of serious infiltration of the prosecution, the Herald believes. 







- Herald
 0

You May Like These Videos

Comments

| Comment With Facebook Submit

There are no comments.

Big Reads

Bulawayo prostitutes dollarise

by Staff Reporter | 2018 December 01 00:43:29

DRAMA as mourners fight over deceased loan sharks' loot

by B-Metro | 2018 November 30 23:35:19

'Tsvangirai's ex' on police wanted list

by B-Metro | 2018 October 19 12:39:23

Dumped man glasses wife's face with broken beer bottle

by Staff Writer | 2018 October 19 12:32:05

Zimbabwe prostitutes hike prices

by Zimbabwe prostitutes hike prices | 2018 October 18 17:13:08

Pastor shocks female congregant with new panties

by Metro Writer | 2017 March 28 10:50:44

Harare man steals 10kg mealie meal from neighbour

by Court Reporter | 2017 March 28 07:56:29

Four company directors die in Vumba Mountain plane crash

by Staff Writer | 2017 March 28 07:38:59

Man with 'deformed' body bashes parents

by Staff Writer | 2017 March 24 09:48:46

Mugabe Knows Nothing About The Zimbabwe Constitution: MP

by Staff Reporter | 2016 October 01 08:12:02

Troubled Harare Giants Dynamos Falls Into Another Deep Crisis

by Own Correspondent | 2016 October 01 07:49:17

Shock As Local Bank Denies 'Rich' Mugabe's Son Heifty Credit

by Own Correspondent | 2016 September 30 19:14:54

Mugabe "Home Coming" And "Thank You" Rally On Cards

by Own Correspondent | 2016 September 23 06:48:24

Prof Moyo Was Dumped By Western Embassies, Claims Mutsvangwa

by Staff Reporter | 2016 September 22 10:08:07

Prof Jonathan Moyo In Fresh Beef With War Vets

by Own Correspondent | 2016 September 22 07:48:10

You Are Too Old To Lead, Aging Zim President Mugabe Told

by Own Correspondent | 2016 September 22 07:19:25

Younger Lover Beats Up Sugar Mama For Cheating

by Own Correspondent | 2016 September 20 03:21:43

Anti-Corruption Commission Loses Property In Failed Probe

by Own Correspondent | 2016 September 20 03:18:19

Mutsvangwa's Son Caught Up In Rape Case

by Own Correspondent | 2016 September 20 01:24:00

REMAINING PSL FIXTURES: ONLY 7 WEEKS LEFT

by Sports Correspondent | 2016 September 20 01:21:33

Victims Involved In Horror Crash Named

by Own Correspondent | 2016 September 20 01:16:09

Man Kills Uncle For Taking Him To Prophet

by Own Correspondent | 2016 September 20 01:11:08

Mphoko Threatens Zimra Over Irregular Taxes

by Own Correspondent | 2016 September 20 01:07:44

China Pours $46m On New Parliament Construction

by Own Correspondent | 2016 September 20 01:05:11

SHOCKING:14 Year Old HIV-Positive Boy Rapes 7 Pupils

by Own Correspondent | 2016 September 20 00:04:55

Tajamuka Slams Zimpapers, Fumes Over

by Own Correspondent | 2016 September 19 11:56:42

Mthwakazi Activists Torment Mujuru

by News Editor | 2016 September 19 10:52:58

We Did Not Fire Live Bullets: Police

by Staff Reporter | 2016 September 19 08:09:20

Ruling On 58 Protesters Expected Today 



by Court Reporter | 2016 September 19 08:10:40

6 Zanu PF Youths Nabbed For Assaulting Cops

by Court Reporter | 2016 September 19 08:11:50

Mutare Con-artist Cracks Zanu PF

by Own Correspondent | 2016 September 19 08:13:32

MSU Student Caught Peddling Drugs Tor Tuition Fees

by Own Correspondent | 2016 September 19 05:29:18

ZIMRA Dishes Out Rewards To Faithful Tax Payers

by Own Correspondent | 2016 September 19 05:24:19

Headmaster ‘Steals’ $17 000 From School's Fees

by Own Correspondent | 2016 September 19 05:21:24

Mujuru Party Fails To Pay $15 000 For Printed T-shirts

by Own Correspondent | 2016 September 19 05:14:37

SHOCKING: Govt Appointed Criminals In Anti-Corruption Commission

by Own Correspondent | 2016 September 19 04:11:26

BOSSO CONTINUE WINNING WAYS

by Own Correspondent | 2016 September 19 04:09:07