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...