One thing in Zimbabwe that is apparent to all and sundry is The End Of The Mugabe Era and all the drama surrounding it within Zanu PF, Government and among citizens. One thing that is massive is the awakened citizenry and their successful demonstrations and agitation as they clamour for change. The rolling mass action by pressure groups the latest being the Mega NERA demo has left the Zanu PF government shell shocked to a point of invoking racist Rhodesian era repression legal instruments, most of which are ultra vires the overwhelmingly voted for new constitution which guarantees the right to demonstrate and petition as well as Freedom of Expression. So crystal clear is the Section 59 and 61 provision in the new constitution, you do not apply to anyone beyond informing by notification to the police in the spirit of peaceful and constitutional demonstration, with police providing security and route escort. ”
59 Freedom to demonstrate and petition
Every person has the right to demonstrate and to present petitions, but these rights must be exercised peacefully.”
“61 Freedom of expression and freedom of the media
(1) Every person has the right to freedom of expression, which includes—
(a) freedom to seek, receive and communicate ideas and other information;
(b) freedom of artistic expression and scientific research and creativity; and
(c) academic freedom.
(2) Every person is entitled to freedom of the media, which freedom includes protection of the confidentiality of journalists’ sources of information.
(3) Broadcasting and other electronic media of communication have freedom of establishment, subject only to State licensing procedures that—
(a) are necessary to regulate the airwaves and other forms of signal distribution; and
(b) are independent of control by government or by political or commercial interests.
(4) All State-owned media of communication must—
(a) be free to determine independently the editorial content of their broadcasts or other communications;
(b) be impartial; and
(c) afford fair opportunity for the presentation of divergent views and dissenting opinions.
(5) Freedom of expression and freedom of the media do not include—
(a) incitement to violence;
(b) advocacy of hatred or hate speech;
(c) malicious injury to a person’s reputation or dignity; or
(d) malicious or unwarranted breach of a person’s right to privacy.”
This notice below simply violates that right in the absence of evidence based threat to national security, its more like police acting as an extension of the ruling party who are the target of these demonstration, which is even more unconstitutional as well as undermining democracy. This is war and NERA should not have postponed the demo and allowed it to flop due to police suppression!! and take that to court! its a shame NERA capitulated am embarrassed by this lack of steel in NERA leaders!! This is a war freedoms war and challenges should be confrontational when state power is abused, this was an opportunity to call the Zanu PF bluff than capitulate so spectacularly!! Its not a legal issue but a political issue and police have no business taking sides in it! Nera leaders have just conceded that their show be run by someone else which is a shame, are they worthy national leaders then!?, food for thought. Smith called us terrorists till independence, wake up!
First was false flagging the demo after the infiltration of last demo by yet another false flag violence operation, it seems NERA leaders are not learning, the buck stops with NERA leaders because it seems they do not know their enemy and its modus operandi. It seems NERA are happy chasing their tails or have no conviction in their own cause, this is war and must of necessity be confrontational on all fronts, people want strong leaders not what we are seeing in this capitulation which results in lost momentum, exactly the reprieve Zanu PF wants. You cannot expect the ruling party to legislate itself out of power, you have to force them by democratic means including constitutional rolling mass demonstrations against repression. Smith and racist Rhodesia Front did not listen till we forced them by war, wake up NERA, you are being played and you are willing victims.
NERA is made up for all opposition parties including CODE who are petitioning and pressurizing ZEC (Zimbabwe Electoral Commission) to exercise its constitutional independence, responsibilities, obligations and ensure free and fair elections preceded by constitutionally provided free and fair electioneering environment with state media obliged to give equal coverage to all participants.
NERA must either dissolve or wake up fast, they are now complicity in their own oppression and consequently all of us.
If NERA do not confront this banning by defying it they have no right pretending to be fighting anything or for anything. This is a political fight and must be viewed and fought as such, while doing the legal challenges.