DARE & 3 Ors v Saunyama N.O. & 3 Ors (HH 589-16)

On 1st September 2016, the 1st respondent, in his capacity as the police officer commanding Harare District, issued a notice in terms of section 27(1) of the Public Order and Security Act [Chapter 11:07] (commonly referred to as POSA) in terms of which he banned for a period of two weeks the holding of all public processions and demonstrations in the Central Business District of Harare. The notice was  published in the Government Gazette as SI 101 A of 2016.

In response to that prohibition, the applicants filed an urgent chamber application under case number HC 8940116 challenging the validity of the statutory instrument. The application was heard by my sister  CHIGUMBA J who issued a provisional order in favour of the applicants.

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