A protest march, organized by SATAWU, which fell under the meaning of “gathering” in the Regulation of Gatherings Act 205 of 1993 (the Act) led to deaths, destruction, damage and loss of property.
This was an application for confirmation of an order, of constitutional invalidity of section 12(1)(a) of the Regulation of Gatherings Act 205 of 1993 (Regulations), pronounced by the High Court.
The High Court found that section 12(1)(a) limits the right to assemble peacefully and unarmed, by requiring a convener to give notice of an assembly of more than 15 people.
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.
