News:Demo ban unconstitutional, says legal expert, Magaisa

<vote /> The ban of demonstrations in Harare is unconstitutional as it infringes on the rights guaranteed Zimbabweans in the constitution, says top legal expert, Alex Magaisa. In an article titled "Why SI 101A banning protests in central Harare is unconstitutional" Magaisa explained:

While section 134 of the Constitution recognises that Parliament may delegate its law-making powers, it also makes it clear in paragraph (b.) that “statutory instruments must not infringe or limit any of the rights and freedoms set out in the Declaration of Rights”. The language used – “must not” shows that this is a mandatory prohibition. A perusal of SI 101A shows that it clearly infringes upon a number of fundamental rights and freedoms. It bans the right to demonstrate peacefully. By so doing it also bans freedoms of expression and assembly. It infringes the right to human dignity and a number of political rights. On that count alone, SI 101A fails the constitutional test..

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