14
HMA 36-18
HC 263/18
to requisition other school assets such as desks, chairs and sofas for use at its rallies.
The argument that the first respondent might have paid for them was puerile. The first
respondent is free to hire these from private hire companies and leave school assets
alone.
[37]
The High Court is the upper guardian of all minor children in Zimbabwe. No one
tramples on their rights and fr-eedoms and expects the court to look the other way. It
will not. A report that grade 4 to 7 children walked 11 kilometres to and 11 kilometres
from a rally should invoke outrage in any right thinking member of society. Section
81[2] of the Constitution says a child's best interests are paramount in every matter
concerning the child.
[3 8]
Some events at political rallies are plainly inimical to the safety, social development
and moral well-being of children. There was evidence that violence often flared up at
first respondent's rallies. People would get injured. Children are impressionable. The
deponent to the first respondent's affidavit admitted an incident where abusive language
was uttered at a rally attended by children, but said the incident was now only relevant
for historical purposes because the first respondent, under the new dispensation, is now,
as it were, a new creature. I did not agree. Evidence placed before me showed that the
first respondent was still the same old creature and still perpetrating the same old
abuses.
[39]
I found the report by the Zimbabwe Human Rights Commission most credible. It was
balanced. Among other things, it made comparisons of rallies by the first respondent
and those by one of the main opposition political party. No children were being
compelled to attend rallies of opposition political parties. I also found that before it
published its rep01t, the Conunission had invited the first respondent to comment, but
that nobody did.
[40]
I was satisfied the application met all the requirements for an interim interdict. It was
on that basis that at the end of the hearing I granted the relief sought in the draft order
as follows:
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