Zimbabwe

The first respondent, in the company of people alleged to be members of the second respondent (a pressure group which had as some of its goals, “to protect indigenous business and this includes defaulting tenants), went to applicant’s (an estate agency in the business of managing immovable properties on behalf of landlords or property owners) premises. The second respondent was escorted by the Zimbabwe Republic Police details. They also made denouncing remarks.

This was an application seeking a determination as to whether, section 27 of the Public Order and Security Act (POSA), banning any public processions or demonstrations in the Harare Central Business District for two weeks, was constitutional.

This was an application to seek a spoliation order to restore possession and control of political campaign materials.

The court determined whether the applicants had made out a case for spoliation.

The court found that the applicants did not notify the police of their demonstration and prayer session under section 25(1)(a) of the Public Order and Security Act. Failure to notify the policy of a public gathering is an offence under section 25(5) of the Public Order and Security Act.