Freedom of Assembly in Zimbabwe
From Democratic Assembly for Restoration and Empowerment (Dare) v Saunyama to Maintenance of Public Order Act
Bibliographic Data
| ID | 22024499 |
|---|---|
| Authors | Simbarashe Tembo (0000-0001-7491-6765, University of KwaZulu-Natal), Annie Singh (0000-0002-2662-3893, University of KwaZulu-Natal) |
| Year | 2023 |
| Volume | 15 |
| Issue | 4 |
| Pages | 486-503 |
| Publication date | 2023-11-22 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | African Journal of Legal Studies (JOURNAL) |
| Journal identifiers | ISSN: 2210-9730 • E-ISSN: 1708-7384 |
| Publisher | Walter de Gruyter GmbH (PUBLISHER • DE) |
| DOI | 10.1163/17087384-12340098 |
| OpenAlex | W4388974702 |
| Language | EN |
| Citations received | 1 |
The past two decades have witnessed a protracted struggle for human rights in Zimbabwe. The adoption of the new constitution in 2013 provided a glimmer of hope for a new constitutional dispensation founded on a human rights culture. To this end, the Constitutional Court duly adopted a rights-based adjudication. This is evidenced by the declaration of unconstitutionality of certain sections of the Public Order and Security Act ( POSA ) in the case of the Democratic Assembly for Restoration and Empowerment ( DARE ) v Saunyama in 2016. The impugned sections related to freedom of assembly, freedom to demonstrate and freedom to picket government. What may have seemed like a new chapter for human rights was closed when the State enacted legislation in direct conflict with the order of the Court. This article posits that the new legislation, the Maintenance of Public Order Act ( MOPO ), which replaced POSA is as unconstitutional as its predecessor. It is argued that by enacting MOPO , the State effectively demonstrated that it was determined to shrink the existing human rights in Zimbabwe
Adjudication · Bill of rights · Constitution · Declaration · Democracy · Fundamental rights · Human rights · Legislation · Political science · Politics · Sociology · Historical and Contemporary Political Dynamics · Human Rights and Development · Judicial and Constitutional Studies · Law
| Unique citing works | 1 |
|---|---|
| Citations per year | 1 |
| Citation span | 2025 - 2025 (1) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 1 |