Prominent Zimbabwean political activists Jacob Ngarivhume and Job Sikhala says the right to protest is enshrined in the constitution contrary to the government’s authoritarian posture that it is illegal to do so.
Section 59 of Zimbabwe’s constitution says: “Every person has the right to demonstrate and to present petitions, but these rights must be exercised peacefully.”
The African Commission says peaceful protests without prior approval from the state should enjoy a presumption of legality even when such authorisation is required by domestic law.
It says such public assemblies should not be automatically penalised for failure to notify the state.
The state has a duty to create a democratic environment conducive to free and unencumbered exercise of freedom association, assembly and expression, underscoring authorities should not only refrain from interfering with these rights, but also actively protect them.
Video: Rory Studios
