4
HMA 36-18
HC 263/18
placards with political messages, and of a school bus that had been used to ferry
supporters. He filed a supporting affidavit.
•
Another political rally was held by the first respondent on 9 June 2018 at a primary
school called Chinzanga in Mashonaland East Province.
•
Yet another rally was held by the first respondent on Friday, 15 June 2018 in Masvingo.
All provincial and district spoliing activities scheduled for that day were postponed
indefinitely. A screenshot of the "WhatsApp" message dispatched by the Provincial
Education Director for the province to members of the first applicant two days before
the rally read:
"Afternoon colleagues. Be advised that all provincial and district competitions set for Friday
15/06/18 have been postponed to a date tba since His Excellence the President of Zimbabwe
will be visiting the province. Please note that your buses may be requested for the function.
Thanks."
[5]
The applicants avetTed that they had a reasonable apprehension these violations were
set to continue, especially as the country was heading for the general elections on 30
July 2018. The violations were said to be continuing despite the new dispensation
obtaining in Zimbabwe. In this regard, I take judicial notice of the seismic changes in
the top leadership of the first respondent, and of government inN ovember 2017 when
the then first secretary of the first respondent and sitting President of the Republic - Mr
Robert Gabriel Mugabe - resigned after an unintermpted thirty seven years in power
since the country's independence from Britain in 1980. He was replaced by one of the
Vice-Presidents- Mr Emmerson Dambudzo Mnangagwa.
[6]
The applicants further avetTed that the violations were continuing despite the
recommendations by the Zimbabwe Human Rights Commission in its report. The key
recommendation was that political parties in Zimbabwe should adopt a code of conduct
the provisions of which should include the following:
•
The prevention of misuse and manipulation of school children at political rallies and
ensuring that their attendance is free, safe and well protected.
•
Keeping school premises free of political meetings and other activities and desisting
from the practice of coercing school children to paliicipate in any political gatherings
and demonstrations.