MP drags Home Affairs ministers to court

Co Home Affairs Minister, Giles Mutsekwa and Kembo Mohadi are cited as first respondents in the court application by Abednico Bhebhe, the ex-Nkayi legislator who is seeking an order directing the police not to bar him from holding a campaign rally.

Nkayi Police barred Bhebhe from holding a campaign rally in that area citing lack of manpower.

Mutsekwa and Mohadi are cited as the first respondents as they are the administrators of the Police Act. The second respondent is the Nkayi Police in its official capacity as the authority responsible for implementing the Public Order and Security Act (POSA) Chapter 11.17.

In the court application through lawyer, Matshobana Ncube of the Zimbabwe Lawyers for Human Rights (ZLHR), Bhebhe said it was unlawful to bar him from holding a campaign rally.

“I hereby note an appeal to this honourable court in terms of Section 27 (B) of POSA as a convener who is aggrieved by the conduct of the responsible authority.

In the view of the seriousness of the matter and the unlawfulness of the respondents’ actions, the matter is so urgent that there is no time to give notice and there is no need to give notice to the other parties,” said Bhebhe.

“I was not given cogent reasons by the regulatory authority and there is nothing to show that the regulatory authority received credible information on oath that there is a threat that the proposed meeting will result in disruption of vehicular, pedestrian traffic or cause injury to the participants, public members, damage to property or any other public disorder as is envisaged in terms of Section 26 (7), of POSA,” he submitted.

Bhebhe lost his seat in parliament when he was dismissed from his MDC party led by the Arthur Mutambara faction, for indiscipline. Bhebhe has been putting authorities under pressure for a by-election in the constituency where he said he would stand again as an independent candidate.