Harare, Zimbabwe | Prominent legal practitioners and political figures Professor Lovemore Madhuku and Tendai Biti have launched an urgent High Court application, accusing the Zimbabwe Republic Police (ZRP) of orchestrating a violent campaign to suppress debate on the controversial Constitutional Amendment Bill No. 3.
The application, filed by the National Constitutional Assembly (NCA) along with Madhuku and Biti, cites the Minister of Home Affairs and the Police Commissioner-General as respondents. The duo is seeking a declaratory order to stop what they describe as systematic state interference in private assemblies.
The Bumbiro House Assault
In a harrowing founding affidavit, Prof. Madhuku detailed a “savage” attack that occurred on March 1 at Bumbiro House, which houses both the NCA headquarters and his law practice.
Madhuku claims that while hosting a private meeting of approximately 500 members, a group of five men wearing balaclavas forcibly breached the gates.
“They started saying that I was giving them problems. They then started to beat me with truncheons all over my body… The beating was severe, savage, and sadistic. It was intrinsically barbaric,” Madhuku stated, describing his assailants as acting like “zombies.”
Most damningly, Madhuku alleges that ZRP officers stationed outside the premises watched the ten-minute assault unfold without intervening. The NCA leader was subsequently hospitalized with blunt force trauma.
Biti Under Siege
In a supporting affidavit, Tendai Biti revealed a similar pattern of repression against the Constitutional Defenders Forum. Biti noted that a private meeting scheduled for February 28 was blocked by police citing “security situations,” despite the meeting being held on private property.
Biti further alleged that his Milton Park law offices have been turned into a virtual “red zone.”
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Permanent Surveillance: A ten-ton truck filled with officers armed with AK-47s and tear gas is reportedly stationed outside his practice.
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High-Speed Chases: Biti claims he was pursued by unmarked vehicles after questioning the police presence, with uniformed officers refusing to assist him.
Legal Argument: Private vs. Public
The applicants argue that the ZRP is misusing the Maintenance of Peace and Order Act (MOPA). They contend that because the meetings are held in private venues, there is no legal requirement to notify the police.
“The Police cannot and should not prevent or interfere with private meetings under the guise of maintaining law and order,” the application reads. Both Madhuku and Biti believe the crackdown is specifically timed to sabotage the 90-day public consultation period for the Constitutional Amendment Bill, which began on February 16.
Why the Urgency?
With the government pushing for amendments that could fundamentally alter the presidential election system and term limits, the applicants argue that the court must intervene immediately to protect the rights to freedom of assembly and political participation.
The High Court is yet to set a date for the hearing, but the legal fraternity is watching closely as two of the country’s most vocal constitutional experts take the battle from the streets to the bench.
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