Limitation of right of free assembly

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.

The applicants sought a declaration that section 24 of the Public Order and Security Act (the Act) contravened sections 20 and 21 of the Constitution that provide for the freedoms of expression, assembly and association.

Section 24 of the Act provides that the organiser of a public gathering is required to issue a well written notice, four days before an intended gathering, to the regulating authority for the area in which the meeting is to be held, and that if he fails to do so, he commits an offence.