Zimbabwe

The applicant, who was then involved in the country’s politics and was a leader of an opposition party, wrote and caused to be published in an independent weekly newspaper, an article entitled “A shameful betrayal of national independence.” Jointly with a director and the editor of the newspaper in question, the applicant was arrested on allegations that they had contravened section 182 (1) (a) of the Criminal Law (Codification and Reform) Act (the Act), in addition to section 31 (a) (iii) of the same Act.

The appellant was a duly elected Member of Parliament for the Makokoba Constituency in Bulawayo at the time of the incident that led to this appeal. She represented the Movement for Democratic Change, an opposition political party in Zimbabwe. When new constituency boundaries were announced in preparation for the general elections, the appellant called for a meeting of her constituents. More than eighty people from various wards of her constituency attended the meeting. Members of the Zimbabwe Republic Police arrived, broke up the meeting and arrested the appellant.

This was an urgent application seeking a provisional order prohibiting the respondents (the police) from interfering with the applicant’s (Zimbabwe Congress of Trade Unions’) public gathering.