FreeZim wins t-shirts wrangle with ZRP

FreeZim wins t-shirts wrangle with ZRP
Published: 19 June 2018 (266 Views)
THE High Court has ordered Police Commissioner-General Godwin Matanga to immediately release 50 000 campaign T-shirts which were seized from an opposition political party by police at Beitbridge Border Post.

The police seized the T-shirts, belonging to FreeZim Congress, saying they had been smuggled from South Africa, a claim the court dismissed.

The party is contesting in the July 30 harmonised elections and its leader Mr Joseph Busha is one of the 23 people who successfully filed nomination papers to contest as presidential candidates.

The ruling by Bulawayo High Court judge Justice Nokuthula Moyo followed an urgent chamber application by FreeZim Congress challenging the decision by the police from the Law and Order Section in Beitbridge to seize the T-shirts.

FreeZim Congress, through its lawyers Majoko and Majoko Legal Practitioners, sought an order directing police to release their T-shirts, which were seized on April 30.

In papers before the court, FreeZim Congress cited Comm-Gen Matanga and the officer-in-charge of ZRP Law and Order Section in Beitbridge, Detective Inspector Moses Boora, as respondents.

Justice Moyo said FreeZim Congress established a prima facie right that there was no solid fact upon which a suspicion that an offence of smuggling was committed.

"I hold the view that facts that formulate the basis for a reasonable suspicion are not there. In policing the police are encouraged to act fairly and reasonably, not arbitrarily so that civil liberties are not unnecessarily curtailed. Again, the prosecution declined to prosecute as they are the ones who appreciate the essential elements of the offence of smuggling," said Justice Moyo.

"It also appears Zimra also did not buy the first respondent (Det Insp Boora's) story as clearly there is absolutely no reason to believe that an offence of smuggling has been committed."

The judge ruled that the seizure of the T-shirts was unjustified and unlawful.

"First respondent thus unfairly and arbitrarily, with no justification whatsoever, seized applicant's T-shirts and that is an injury to FreeZim Congress. The balance of convenience favours that the application be granted seeing that there seems to be no justification at law for the continued holding of applicant's T-shirts," ruled Justice Moyo.

In his founding affidavit, FreeZim Congress' monitoring and evaluation officer, Mr Jonathan Jere, said the truck which was carrying their T-shirts was intercepted by police along the Beitbridge-Bulawayo road.

"The driver of the truck, Mr Evans Singo, was stopped by the police and when they discovered that he was carrying 50 000 T-shirts, they ordered the truck to be driven back to the Zimbabwe Revenue Authority (Zimra) warehouse where it was impounded pending investigations," he said.

Mr Jere said as a result of the seizure of the T-shirts, Mr Busha – who is based in South Africa – was forced to delay the launch of the campaign in Beitbridge.

- chronicle

Tags: Busha, FreeZim, ZRP,
 0

You May Like These Videos

Comments

There are no comments.

Latest stories

Knox Mutizwa wins August Goal of the Month award

by kickoff | 05 November 2018 | 780 Views

BREAKING: Gandawa on the run

by Staff reporter | 05 November 2018 | 1521 Views

Econet cannot distribute Kwese TV content to Zimbabwean viewers

by Staff reporter | 05 November 2018 | 1152 Views

Shoot-out robbers arrested

by Staff reporter | 05 November 2018 | 1182 Views

Mnangagwa ally warns economic saboteurs

by Staff reporter | 05 November 2018 | 1157 Views

Chamisa mobilises supporters for mass protests

by Staff reporter | 05 November 2018 | 961 Views

LISTEN: Acie Lumumba speaks on how he got paid

by Staff Reporter | 05 November 2018 | 780 Views

Dzamara speak on Zanu-PF fights

by Mandla Ndlovu | 05 November 2018 | 750 Views

Minister Raj Modi Modi donates salary

by Mandla Ndlovu | 05 November 2018 | 628 Views

'I am a Trillionaire' Magaya says

by Mandla Ndlovu | 05 November 2018 | 1020 Views

Supermarkets to be blacklisted over cooking oil

by Mandla Ndlovu | 05 November 2018 | 654 Views

UK army to recruit from Commonwealth

by BBC | 05 November 2018 | 689 Views

Magaya opens up on arrest

by Mandla Ndlovu | 05 November 2018 | 685 Views

Kambarami is still 'Deputy Mayor'

by Mandla Ndlovu | 05 November 2018 | 553 Views

'Import ban must not go beyond December 21'

by Staff reporter | 05 November 2018 | 639 Views

Prophet Magaya puts fresh spin to arrest

by Staff reporter | 05 November 2018 | 640 Views

Chamisa's sign language interpreters get thumps up

by Staff reporter | 05 November 2018 | 627 Views

Mnangagwa to review Mthuli Ncube's 2% tax again

by Staff reporter | 05 November 2018 | 603 Views

Lumumba to be probed by ZAAC?

by Staff reporter | 05 November 2018 | 444 Views

Dzamara speak on ZANU PF fights

by Mandla Ndlovu | 05 November 2018 | 407 Views

Zimbabwe as a new gateway into Africa

by Minister of Finance Prof Mthuli Ncube | 05 November 2018 | 610 Views

Chiwenga's ex-wife looted millions

by Mandla Ndlovu | 05 November 2018 | 980 Views

We are our own worst enemies

by Mapozho Saruchera | 05 November 2018 | 666 Views

Mnangagwa to deal with unexplained wealth and bank deposits

by Staff reporter | 05 November 2018 | 631 Views

WATCH: Chiwenga talks about Prophet Walter Magaya's lipstick

by Staff reporter | 05 November 2018 | 616 Views

Lumumba Saga takes new twist....War vets bay for Mutsvangwa's blood

by Mandla Ndlovu | 05 November 2018 | 690 Views

Chamisa demands Presidency

by Mandla Ndlovu | 05 November 2018 | 582 Views

Zimbabwean teachers miss out on New Zealand opportunity

by Staff Writer | 05 November 2018 | 523 Views

Zimbabwe to introduce e-provisional driver's exams

by Staff reporter | 05 November 2018 | 567 Views

Zimbabwe to supply water to South Africa

by Staff reporter | 05 November 2018 | 563 Views

Mnangagwa claims that 'good times will soon roll'

by Staff reporter | 05 November 2018 | 539 Views

Zimbabwe as a new gateway into Africa

by Hon. Prof Mthuli Ncube | 05 November 2018 | 612 Views

Chiyangwa appoint Karikoga Kaseke

by Staff reporter | 05 November 2018 | 537 Views

ZCTU demo: Ruling today

by Staff reporter | 05 November 2018 | 490 Views

Missing cop found dead

by Staff reporter | 05 November 2018 | 616 Views

Tagwirei marries long-time girlfriend

by Staff reporter | 05 November 2018 | 955 Views

Zimbabwe relaxes maternity leave entitlement

by Staff reporter | 05 November 2018 | 578 Views

Zimbabwe to receive drugs, ambulances from India

by Staff reporter | 05 November 2018 | 499 Views