Sunday, January 29, 2012

(NEWZIMBABWE) MDC-T suffers High Court blow

MDC-T suffers High Court blow
29/01/2012 00:00:00
by Staff Reporter

THE High Court has dismissed with costs an application by the Prime Minister Morgan Tsvangirai’s MDC-T party to have police return materials seized during a recent raid at its Bulawayo offices. Justice Nicholas Ndou ruled that police acted within the law when confiscating the materials since the party had committed an offence.

The court application followed a January 14 demonstration by MDC-T youths in Bulawayo protesting the detention of national youth leader, Solomon Madzore and seven other suspects on charges of murdering a police officer.

The MDC-T’s Bulawayo youth assembly orgnised what they described as ‘peaceful car procession in and around the city to protest Madzore’s continued detention at Harare’s Chikurubi Maximum Security prison.

Party members were to be ferried from their respective districts and meet at the provincial offices in the city ahead of the proposed car procession.

However, members from Mpopoma district were stopped at a police roadblock before they entered the city leading to the arrest of provincial youth leader, Bekithemba Nyathi and several others along with the confiscation of materials the party wanted returned.

But Justice Ndou ruled that procession was illegal since the party failed to notify the police as required under the country’s Public Order and Security Act (POSA).

“The articles were seized by the police when the latter searched them during the arrest for convening a procession or public gathering without notifying the regulatory authority. This failure is an offence under of POSA,” Justice Ndou said.

He added that the police were empowered under the Criminal Procedure and Evidence Act to search and seize articles which are “believed to be or concerned in the commission of a crime”.

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