Denford Magora's Latest Zimbabwe News Blog

Harare, Zimbabwe, 08 October 2009 We were in court today with Dr Simba Makoni of the Mavambo Movement, who is being charged by the state under the Public Order and Security Act (POSA) for addressing a gathering in March 2008 without police clearance. Today we had gone to hear the Bindura Magistrate Court's decision on the challenge lodged by Makoni to the case. He is arguing that the case and his prosecution breach and violate his constitutional rights and freedoms. He had, therefore, applied to have the case referred to the Constitutional Court. The State was opposing the application and wanted trial to start immediately. The court, however, decided to grant the application by Makoni. This means the case now goes to the Constitutional Court (there is no dedicated Constitutional Court in Zimbabwe, as they have in South Africa. Instead, the Supreme Court of Zimbabwe sits as a Constitutional Court when the need arises. Like I said earlier, it was really going to be difficult, if not ...

Harare, Zimbabwe, 08 October 2009 Just to let you know, I will be late posting some of the articles I have because I am in court today, 08 October with Dr Simba Makoni. It is still the same old story, that trial for allegedly addressing 410 people at Glendale with a megaphone and without police permission back in March 2008. Essentially, tomorrow, the Magistrate in the mining town of Bindura will have to decide whether the case goes ahead despite the objections to the prosecution by Makoni that his Constitutional rights of political and association freedom are being violated. Should the magistrate decide that these rights are paramount and should not be tampered with, then the ruling will be to allow Makoni to approach the Constitutional Bench to challenge POSA, the draconian law under which he is being charged. I will be very surprised if the leave to appeal is not granted. Which is where the fun will start. I believe that at the Constitutional Court, Makoni may be able to achieve wha...

Dr Simba Makoni's trial started in Bindura today with what is known as a preliminary hearing, during which it emerged that the State had no clue what it was doing, quoting sections of POSA (2004 version) that no longer exist, then agreeing with Dr Makoni that he could not be charged under those sections and asking to be allowed to amend the charges so that they could charge him under sections that DO exist. They made a dog's breakfast of that as well!! Harare, Zimbabwe, 15 September 2009 Dr Simba Makoni, the Interim President of Mavambo.Kusile.Dawn Party today appeared before a Magistrate in Bindura to answer charges of addressing more than 400 people in March last year without police permission, as is required under the Public Order and Security Act (POSA). It was a circus, pretty much. First of all, the State prosecutors were charging Dr Makoni under the POSA Act of 2004 and specifically quoting section 24, subsection 21.......anyway, without getting too technical, the bottom...

Harare,Zimbabwe,15 August 2009 Dr Simba Makoni appeared before a magistrate in Bindura yesterday for an initial hearing on charges of violating the discredited POSA, which the Inclusive Government claims is no longer in use. The court determined that there was indeed a case for Dr Makoni to answer and that he should face trial. He immediately asked for a postponement of the trial because his lawyers have not received the State's papers in his case. The court granted this and postponed the matter to September 15 (ironically the First anniversary of the moribund Global Political Agreement). The complaint was made by two ZANU PF people in the area of Glendale. One is a ZANU PF Councillor and the other is a member of the ZANU PF executive in the area. The allege that Makoni "sent a team to advertise his presence with a loudhailer" in Glendale and that Makoni later arrived at Tsungubvi Shopping Centre and used the loudhailer to address more than 400 people. Even if he had actu...