Madzivanyika takes on govt over state abuse of MOPA
Says security law selectively used against the opposition
By Norman Mwale [The PenPusher]
Outspoken Mbizo legislator Corban Madzivanyika has hit out at the government’s selective application of the Maintenance of Peace and Order Act (MOPA), amid rising cases of arrests on opposition politicians while carrying out party business in private and public spaces.
Speaking in parliament recently, Madzivanyika said the law allows citizens to gather at private places to hold meetings, yet the state is denying opposition members the same right.
“The MOPA Act explicitly permits citizens to gather at private places to carry on their meetings, yet the government is turning a blind eye when it comes to applying this provision,” Madzivanyika said. “Why is it that the government is dismissing opposition members’ rights to assemble, in clear contravention of the MOPA Act?”
Madzivanyika cited several High Court cases where opposition members were acquitted after being charged under the MOPA, arguing that the government is ignoring these precedents and continuing to abuse the Act.
“Mr. Speaker, we have a plethora of cases where the High Court has ruled in favour of citizens’ rights to assemble and protest, yet the government persists in flouting these rulings,” he said.
The debate took a contentious turn when Home Affairs minister, Kazembe Kazembe, attempted to clarify MOPA’s definition of a public place.
Kazembe stated that any place without a fence, durawall, or protective measures, and easily accessible to the public, constitutes a public place.
He further implied that even private property, including a house without a fence, could be considered a public place where gatherings are restricted.
Madzivanyika expressed outrage at the minister’s response, describing it as “astounding” and “a clear attempt to subvert the law”.
“The minister’s interpretation is alarming and raises serious concerns about the government’s intentions,” Madzivanyika said. “If a house without a fence is considered a public place, then where can citizens exercise their right to assemble?”
The Mbizo MP demanded clarity on the government’s stance, saying the minister’s response had only served to further confuse the issue.
“The minister’s answer has sparked more questions than answers,” Madzivanyika said. “We demand a clear and unequivocal statement from the government on its interpretation of the MOPA.”
Madzivanyika vowed to continue fighting against the government’s alleged abuse of the MOPA, saying the people of Zimbabwe will not be silenced.
This comes after opposition politician and lawyer, Tendai Biti, spent the weekend in police custody following his arrest in Mutare, where he was attending a meeting to discuss the contentious Constitutional Amendment Number 3 Bill.
The proposed legislation, among other issues, seeks to extend President Emmerson Mnangagwa’s term of office, but the move is facing resistance from pro-democracy groups, including the Constitution Defenders Forum (CDF) led by Biti.
