ZIMBABWE CONGRESS OF TRADE UNIONS v OC ZRP HARARE CENTRAL & ORS 2013 (2) ZLR 243 (H)

Flynote

Police — duties — duty to maintain law and order — duty to allow lawful activities to take place and to protect persons exercising their rights

Statutes — Public Order and Security Act [Chapter 11:17] — regulation of public gatherings — notification to police of intended public gathering — exemption from requirement to notify police — registered trade union — gathering for bona fide trade union purposes — such gathering not required to be notified

Headnote

The applicant was a registered conglomeration of trade unions, engaged in the furtherance of its members' interests. In the normal conduct of its trade union activities, the applicant wrote a letter to the first respondent, the regulating authority for Harare Central in terms of the Public Order and Security Act [Chapter 11:17] notifying him of its intended commemoration activities due a month after the date of the letter. They consisted of the clean-up of a particular bus stop area, followed by a march through the city via a specified route to the applicant's offices. About 150 people were expected to take part in the march.

The first respondent's initial reaction was to note the contents of the applicant's letter and ask it to confine the events to the venues and times outlined and to co-operate with the police and Government agencies. He said that the police would monitor the event. About two weeks later, however, he wrote to the applicant, saying that the "permission" that had been granted had been withdrawn for "security reasons". He claimed that "the political situation [was] not yet conducive for such events" and that "intelligence at hand" indicated that there were some people who were waiting to hijack any march or procession.

The applicant sought an order declaring that there was no lawful basis to purport to deny authority for the holding of a procession planned by the applicant for any of its activities and perpetually interdicting the second respondent (the Commissioner-General of Police) from interfering with, prohibiting or banning processions and gatherings held by the applicant. The applicant argued that, as a registered trade union, it did not require the authority of the first respondent to hold the procession which was for bona fide trade union purposes and, as such, was exempted from the provisions of the Act requiring notice to be given to the police. For that reason the applicant should be protected from the first respondent's interference in the conduct of its trade union business. The first respondent stated that he had received intelligence (which he did not elaborate on) that there were some unscrupulous elements waiting to hijack the situation and that, as the march would be conducted across greater Harare by a huge crowd, this would compromise security and disturb business and traffic.

Held, that regarding the disturbance of business and traffic, the claim could not be taken seriously, because it is the duty of the police to manage the situation. The first respondent also appeared to be labouring under the misunderstanding that he had power and authority to grant "permission" to the applicant for the holding of a procession. The applicant is a genuine and registered trade union. The procession was for bona fide trade union business in the interests of its members and/or affiliates. For that reason it enjoyed an exemption from the provisions of the Act relating to notification being given to the regulating authority. Clearly, therefore, the first respondent could not withdraw permission which he did not have authority to give in the first place. It is the constitutional duty of the police to maintain law and order as the citizens of this country go about the enjoyment of their rights, including the rights of trade unionsto engage in commemorations and processions which further their interests. The police should therefore protect the applicant's members as they go about their activities, as opposed to preventing and curtailing the enjoyment of their rights.